Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

2007 Bill Text MN H.B. 1208; same as 2007;Bill Text MN S.B. 998

THE STATE OF MINNESOTA
BILL TEXT
STATENET
Copyright (c) 2007 by State Net(R), All Rights Reserved.

2007 MN H.B. 1208

MINNESOTA 85TH REGULAR SESSION

HOUSE BILL 1208

CHAPTER 140 - H.F. NO. 1208

BILL TRACKING REPORT: 2007 Bill Tracking MN H.B. 1208

BILL TRACKING REPORT: 2007 Bill Tracking MN S.B. 998

2007 Bill Text MN H.B. 1208; same as 2007;Bill Text MN S.B. 998

VERSION: Enacted



VERSION-DATE: May 25, 2007

SYNOPSIS: AN ACT relating to state government; changing provisions for construction codes and licensing provisions; providing penalties and enforcement; modifying provisions relating to the limitation on certain actions; instructing the revisor to renumber certain statutory sections; appropriating money; providing appropriation reductions;amending Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding asubdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37, subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244, subdivisions 1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.248; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1; 326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; 541.051; proposing coding for new law in Minnesota Statutes, chapters 326; 327B; proposing coding for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 4, 6h, 9, 10, 11, 12, 13; 326.241; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461; 326.247; 326.40, subdivision 4; .41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED [D> Text within these symbols is deleted  TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

REVISOR'S INSTRUCTION

Section 1. [A> REVISOR'S INSTRUCTION. IN MINNESOTA RULES, CHAPTERS 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 1346, 1350, 1360, AND 7672, THE
REVISOR OF STATUTES SHALL:
[A> (1) CHANGE THE TERM "COMMISSIONER OF ADMINISTRATION" TO "COMMISSIONER OF LABOR AND INDUSTRY";
[A> (2) CHANGE THE TERM "DEPARTMENT OF ADMINISTRATION" TO "DEPARTMENT OF LABOR AND INDUSTRY";
[A> (3) CHANGE THE TERM "DEPARTMENT OF ADMINISTRATION'S BUILDING CODES AND STANDARDS DIVISION" TO "DEPARTMENT OF LABOR AND INDUSTRY"; AND
[A> (4) CHANGE THE TERM "DIRECTOR OF THE BUILDING CODES AND STANDARDS DIVISION OF THE DEPARTMENT OF ADMINISTRATION" TO "INDIVIDUAL APPOINTED BY THE COMMISSIONER OF LABOR AND INDUSTRY TO ADMINISTER THE CODE."
[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL ENACTMENT.
ARTICLE 2

CONSTRUCTION CODES AND LICENSING

Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to read:

Subdivision 1. [A> STATE FIRE CODE RULEMAKING of [D> public safety through the Division of Fire Marshal may promulgate  LABOR AND INDUSTRY, CONSISTENT WITH THE RECOMMENDATIONS OF THE STATE FIRE MARSHAL, SHALL ADOPT accordance with the Administrative Procedure Act in chapter 14. The code and its amendments shall conform insofar as practicable to model fire codes generally accepted and in use throughout the United States, with consideration given to existing statewide specialty codes presently in use in the state of Minnesota. Statewide specialty codes and model codes with necessary modifications may be adopted by reference in accordance with section 14.07, subdivision 4.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL ENACTMENT.  Sec. 2. [A> (326B.01) DEFINITIONS.
[A> SUBDIVISION 1. SCOPE. THE DEFINITIONS IN THIS SECTION APPLY TO CHAPTER 326B.
[A> SUBD. 2. ASME. "ASME" MEANS THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS.
[A> SUBD. 3. COMMISSIONER. "COMMISSIONER" MEANS THE COMMISSIONER OF LABOR AND INDUSTRY OR A DULY DESIGNATED REPRESENTATIVE OF THE COMMISSIONER WHO IS EITHER EMPLOYEE OF THE DEPARTMENT OF LABOR AND INDUSTRY OR A PERSON WORKING UNDER CONTRACT WITH THE DEPARTMENT.
[A> SUBD. 4. DEPARTMENT. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND INDUSTRY.
[A> SUBD. 5. DAY. "DAY" MEANS CALENDAR DAY UNLESS OTHERWISE PROVIDED.
[A> SUBD. 6. INDIVIDUAL. "INDIVIDUAL" MEANS A HUMAN BEING.
[A> SUBD. 7. PERSON. "PERSON" MEANS ANY INDIVIDUAL, LIMITED LIABILITY COMPANY, CORPORATION, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSOCIATION, SOLE PROPRIETORSHIP, JOINT STOCK COMPANY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT.  Sec. 3. [A> (326B.02) POWERS.
[A> SUBDIVISION 1. TRANSFER OF RESPONSIBILITIES. THE RESPONSIBILITIES OF THE COMMISSIONER OF ADMINISTRATION RELATING TO THE STATE BUILDING CODE, SECTIONS 16B.59 TO 16B.76; CONSTRUCTION OF LOW-COST MANUFACTURED HOME PARK STORM SHELTERS, SECTION 327.205; MANUFACTURED HOMES, SECTIONS 327.31 TO 327.36 AND 327B.01 TO 327B.12; AND STATUTORY WARRANTIES IN CONNECTION WITH THE SALE OF DWELLINGS AND HOME IMPROVEMENT WORK, CHAPTER 327A, ARE TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS CHAPTER. THE RESPONSIBILITIES OF THE COMMISSIONER OF HEALTH RELATING TO THE STATE PLUMBING CODE AND LICENSING, SECTIONS 16B.61, 144.99 TO 144.993, AND 326.37 TO 326.45, AND WATER CONDITIONING CONTRACTORS AND INSTALLERS, SECTIONS 326.57 TO 326.65, ARE TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS CHAPTER EXCEPT FOR TRANSFERRED TO THE PLUMBING BOARD AS EXPRESSLY PROVIDED IN THIS CHAPTER. THE RESPONSIBILITIES OF THE COMMISSIONER OF COMMERCE RELATING TO RESIDENTIAL CONTRACTORS, RESIDENTIAL REMODELERS, RESIDENTIAL ROOFERS, MANUFACTURED HOME INSTALLERS, AND THE CONTRACTOR'S RECOVERY FUND UNDER SECTIONS 45.027 TO 45.23 AND 326.83 TO 326.992 ARE TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS CHAPTER. THE RESPONSIBILITIES OF THE BOARD OF ELECTRICITY RELATING TO THE STATE ELECTRICAL CODE AND LICENSING, SECTIONS 16B.61 AND 326.241 TO 326.248, ARE TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS CHAPTER EXCEPT FOR RESPONSIBILITIES TRANSFERRED TO THE BOARD OF ELECTRICITY AS EXPRESSLY PROVIDED IN THIS CHAPTER.
[A> SUBD. 2. TRANSFER OF AUTHORITY. THE COMMISSIONER OF ADMINISTRATION MAY NOT USE THE AUTHORITY UNDER SECTION 16B.37 TO MODIFY THE TRANSFERS OF AUTHORITY TO THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD OF HIGH PRESSURE PIPING SYSTEMS UNDER THIS CHAPTER.
[A> SUBD. 3. DEFINITION OF RESPONSIBILITIES. FOR PURPOSES OF SUBDIVISION 1, RESPONSIBILITIES INCLUDE POWERS, DUTIES, RIGHTS, OBLIGATIONS, AND OTHER
AUTHORITY IMPOSED BY LAW.  [A> SUBD. 4. STATE FIRE MARSHAL COOPERATION. THE STATE FIRE MARSHAL SHALL WORK WITH THE COMMISSIONER TO IMPROVE THE DELIVERY OF SERVICES TO THE PUBLIC THROUGH THE COORDINATION OF SERVICES AND UTILIZATION OF TECHNOLOGY.
[A> SUBD. 5. GENERAL RULEMAKING AUTHORITY. THE COMMISSIONER MAY, UNDER THE RULEMAKING PROVISIONS OF CHAPTER 14 AND AS OTHERWISE PROVIDED BY THIS CHAPTER, ADOPT, AMEND, SUSPEND, AND REPEAL RULES RELATING TO THE COMMISSIONER'S UNDER THIS CHAPTER, EXCEPT FOR RULES FOR WHICH THE RULEMAKING AUTHORITY IS EXPRESSLY TRANSFERRED TO THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD OF HIGH PRESSURE PIPING SYSTEMS.
[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT.
Sec. 4. [A> (326B.04) DEPOSIT OF MONEY.  [A> SUBDIVISION 1. CONSTRUCTION CODE FUND. THERE IS CREATED IN THE STATE TREASURY A CONSTRUCTION CODE FUND AS A SPECIAL REVENUE FUND FOR THE PURPOSE OF ADMINISTERING THIS CHAPTER, SECTIONS 327.31 TO 327.36, AND CHAPTER 327B. ALL MONEY COLLECTED UNDER THOSE SECTIONS, EXCEPT PENALTIES, IS CREDITED TO THE CONSTRUCTION CODE FUND UNLESS OTHERWISE SPECIFICALLY DESIGNATED BY LAW. ANY INTEREST OR PROFIT ACCRUING FROM INVESTMENT OF THESE SUMS IS CREDITED TO THE CONSTRUCTION CODE FUND. ALL MONEY COLLECTED IN THE CONSTRUCTION CODE FUND IS APPROPRIATED TO THE COMMISSIONER TO ADMINISTER AND ENFORCE THE PROVISIONS IDENTIFIED IN THIS SECTION. UNLESS OTHERWISE PROVIDED BY LAW, ALL PENALTIES ASSESSED UNDER THIS CHAPTER, SECTION 327.35, AND CHAPTER 327B ARE CREDITED TO THE ASSIGNED RISK SAFETY ACCOUNT ESTABLISHED BY SECTION 79.253.  [A> SUBD. 2. DEPOSITS. ALL REMAINING BALANCES AS OF JUNE 30, 2007, IN THE STATE GOVERNMENT SPECIAL REVENUE FUND AND SPECIAL REVENUE FUND ACCOUNTS MAINTAINED FOR THE BUILDING CODES AND STANDARDS DIVISION, BOARD OF ELECTRICITY, AND PLUMBING AND ENGINEERING UNIT ARE TRANSFERRED TO THE CONSTRUCTION CODE FUND. UNLESS OTHERWISE SPECIFICALLY DESIGNATED BY LAW:
[A> (1) ALL MONEY COLLECTED UNDER CHAPTER 183 AND SECTIONS 16B.59 TO 16B.76; 144.122, PARAGRAPH (F); 181.723; 326.241 TO 326.248; 326.37 TO 326.521; 326.57 TO 326.65; 326.83 TO 326.992; 327.31 TO 327.36; AND 327B.01 TO 327B.12, EXCEPT PENALTIES, IS CREDITED TO THE CONSTRUCTION CODE FUND;
[A> (2) ALL FEES COLLECTED UNDER SECTION 45.23 IN CONNECTION WITH CONTINUING EDUCATION FOR RESIDENTIAL CONTRACTORS, RESIDENTIAL REMODELERS, AND RESIDENTIAL ROOFERS ARE CREDITED TO THE CONSTRUCTION CODE FUND; AND
[A> (3) ALL PENALTIES ASSESSED UNDER THE SECTIONS SET FORTH IN CLAUSES (1) AND (2) AND ALL PENALTIES ASSESSED UNDER SECTIONS 144.99 TO 144.993 IN CONNECTION WITH ANY VIOLATION OF SECTIONS 326.37 TO 326.45 OR 326.57 TO 327.65 OR THE RULES ADOPTED UNDER THOSE SECTIONS ARE CREDITED TO THE ASSIGNED RISK SAFETY ACCOUNT ESTABLISHED BY SECTION 79.253.
[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007.  Sec. 5. [A> (326B.06) BONDS. BONDS ISSUED UNDER THIS CHAPTER ARE NOT STATE BONDS OR CONTRACTS FOR PURPOSES OF SECTIONS 8.05 AND 16C.05, SUBDIVISION 2.  Sec. 6. [A> (326B.075) COMMISSIONER NOT SUBJECT TO SUBPOENA. THE COMMISSIONER SHALL NOT BE SUBJECT TO SUBPOENA FOR PURPOSES OF PROVIDING EXPERT TESTIMONY, EXCEPT IN AN ENFORCEMENT PROCEEDING BROUGHT BY THE COMMISSIONER.  Sec. 7. [A> APPOINTMENT AND FIRST MEETING OF BOARDS. THE GOVERNOR MUST MAKE THE APPOINTMENTS TO THE BOARD OF ELECTRICITY, THE PLUMBING BOARD, AND THE BOARD OF HIGH PRESSURE PIPING SYSTEMS NO LATER THAN JULY 1, 2007. THE COMMISSIONER OF LABOR AND INDUSTRY MUST CONVENE THE FIRST MEETING OF EACH BOARD NO LATER THAN SEPTEMBER 1, 2007.
ARTICLE 3

ENFORCEMENT

Section 1. [A> (326B.081) DEFINITIONS.
[A> SUBDIVISION 1. APPLICATION. FOR PURPOSES OF SECTIONS 326B.081 TO 326B.085, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN THEM.
[A> SUBD. 2. ADMINISTRATIVE ORDER. "ADMINISTRATIVE ORDER" MEANS AN ORDER ISSUED UNDER SECTION 326B.082, SUBDIVISION 7.
[A> SUBD. 3. APPLICABLE LAW. "APPLICABLE LAW" MEANS THE PROVISIONS OF SECTIONS 326B.084 TO 326B.998 AND 327.31 TO 327.36 AND CHAPTER 327B, AND ALL RULES, ORDERS, STIPULATION AGREEMENTS, SETTLEMENTS, COMPLIANCE AGREEMENTS, LICENSES, REGISTRATIONS, CERTIFICATES, AND PERMITS ADOPTED, ISSUED, OR ENFORCED BY THE DEPARTMENT UNDER SECTIONS 326B.02 OR 326B.084 TO 326B.998 OR 327.31 TO 327.36 OR CHAPTER 327B.
[A> SUBD. 4. DOCUMENT OR DOCUMENTS. "DOCUMENT" OR "DOCUMENTS" INCLUDES PAPERS; BOOKS; RECORDS; MEMORANDA; DATA; CONTRACTS; DRAWINGS; GRAPHS; CHARTS; PHOTOGRAPHS; DIGITAL, VIDEO, AND AUDIO RECORDINGS; RECORDS; ACCOUNTS; FILES; STATEMENTS; LETTERS; E-MAILS; INVOICES; BILLS; NOTES; AND CALENDARS MAINTAINED IN ANY FORM OR MANNER.
[A> SUBD. 5. FINAL. "FINAL" WHEN USED TO DESCRIBE ANY ORDER ISSUED UNDER SECTION 326B.082 MEANS THAT:
[A> (1) NO REQUEST FOR HEARING IN CONNECTION WITH THE ORDER WAS FILED IN THE MANNER AND WITHIN THE TIME PROVIDED BY SECTION 326B.082;
[A> (2) ALL REQUESTS FOR HEARING HAVE BEEN WITHDRAWN;
[A> (3) AN AGREEMENT THAT RESOLVES THE ORDER HAS BEEN SIGNED BY ALL THE PARTIES; OR
[A> (4) AFTER THE FILING OF A REQUEST FOR HEARING, AN ORDER HAS BEEN ISSUED BY THE COMMISSIONER, THE COURT OF APPEALS, OR THE SUPREME COURT, AND ALL APPEALS HAVE BEEN PURSUED OR FORGONE.
[A> SUBD. 6. LICENSING ORDER. "LICENSING ORDER" MEANS AN ORDER ISSUED UNDER SECTION 326B.082, SUBDIVISION 12, PARAGRAPH (A).
[A> SUBD. 7. MINIMUM QUALIFICATIONS. "MINIMUM QUALIFICATIONS" MEANS THE EDUCATIONAL, EXPERIENCE, FEE, EXAMINATION, APPLICATION, AND OTHER ELIGIBILITY REQUIREMENTS THAT AN APPLICANT MUST MEET IN ORDER TO OBTAIN A LICENSE, REGISTRATION, CERTIFICATE, OR PERMIT UNDER THE APPLICABLE LAW. FOR AN APPLICANT THAT IS NOT AN INDIVIDUAL, THE MINIMUM QUALIFICATIONS INCLUDE THE REQUIREMENT THAT AN EMPLOYEE OR OTHER INDIVIDUAL ASSOCIATED WITH THE APPLICANT HOLD A LICENSE.
[A> SUBD. 8. STOP ORDER. "STOP ORDER" MEANS AN ORDER ISSUED UNDER SECTION 326B.082, SUBDIVISION 10.
Sec. 2. [A> (326B.082) ENFORCEMENT.  [A> SUBDIVISION 1. REMEDIES AVAILABLE. THE COMMISSIONER MAY ENFORCE ALL
APPLICABLE LAW UNDER THIS SECTION. THE COMMISSIONER MAY USE ANY ENFORCEMENT PROVISION IN THIS SECTION, INCLUDING THE ASSESSMENT OF MONETARY PENALTIES, AGAINST A PERSON REQUIRED TO HAVE A LICENSE, REGISTRATION, CERTIFICATE, OR PERMIT UNDER THE APPLICABLE LAW BASED ON CONDUCT THAT WOULD PROVIDE GROUNDS FOR ACTION AGAINST A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR PERMIT HOLDER UNDER THE APPLICABLE LAW. THE USE OF AN ENFORCEMENT PROVISION IN THIS SECTION SHALL NOT PRECLUDE THE USE OF ANY OTHER ENFORCEMENT PROVISION IN THIS SECTION OR OTHERWISE PROVIDED BY LAW.
[A> SUBD. 2. ACCESS TO INFORMATION AND PROPERTY; SUBPOENAS.
[A> (A) IN ORDER TO CARRY OUT THE PURPOSES OF THE APPLICABLE LAW, THE
COMMISSIONER MAY:
[A> (1) ADMINISTER OATHS AND AFFIRMATIONS, CERTIFY OFFICIAL ACTS, INTERVIEW, QUESTION, TAKE ORAL OR WRITTEN STATEMENTS, AND TAKE DEPOSITIONS;
[A> (2) REQUEST, EXAMINE, TAKE POSSESSION OF, TEST, SAMPLE, MEASURE, PHOTOGRAPH, RECORD, AND COPY ANY DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS;
[A> (3) AT A TIME AND PLACE INDICATED BY THE COMMISSIONER, REQUEST PERSONS TO APPEAR BEFORE THE COMMISSIONER TO GIVE TESTIMONY AND PRODUCE DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS;
[A> (4) ISSUE SUBPOENAS TO COMPEL PERSONS TO APPEAR BEFORE THE COMMISSIONER TO GIVE TESTIMONY AND PRODUCE DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS; AND
[A> (5) WITH OR WITHOUT NOTICE, ENTER WITHOUT DELAY UPON ANY PROPERTY, PUBLIC OR PRIVATE, FOR THE PURPOSE OF TAKING ANY ACTION AUTHORIZED UNDER THIS SUBDIVISION OR THE APPLICABLE LAW, INCLUDING OBTAINING INFORMATION, REMEDYING VIOLATIONS, OR CONDUCTING SURVEYS, INSPECTIONS, OR INVESTIGATIONS.
[A> (B) PERSONS REQUESTED BY THE COMMISSIONER TO GIVE TESTIMONY OR PRODUCE DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS SHALL RESPOND WITHIN THE TIME AND IN THE MANNER SPECIFIED BY THE COMMISSIONER. IF NO TIME TO RESPOND IS SPECIFIED IN THE REQUEST, THEN A RESPONSE SHALL BE SUBMITTED WITHIN 30 DAYS OF THE COMMISSIONER'S SERVICE OF THE REQUEST.
[A> (C) UPON THE REFUSAL OR ANTICIPATED REFUSAL OF A PROPERTY OWNER, LESSEE, PROPERTY OWNER'S REPRESENTATIVE, OR LESSEE'S REPRESENTATIVE TO PERMIT THE COMMISSIONER'S ENTRY ONTO PROPERTY AS PROVIDED IN PARAGRAPH (A), THE COMMISSIONER MAY APPLY FOR AN ADMINISTRATIVE INSPECTION ORDER IN THE RAMSEY COUNTY DISTRICT COURT OR, AT THE COMMISSIONER'S DISCRETION, IN THE DISTRICT COURT IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED. THE COMMISSIONER MAY ANTICIPATE THAT A PROPERTY OWNER OR LESSEE WILL REFUSE ENTRY IF THE PROPERTY OWNER, LESSEE, PROPERTY OWNER'S REPRESENTATIVE, OR LESSEE'S REPRESENTATIVE HAS REFUSED TO PERMIT ENTRY ON A PRIOR OCCASION OR HAS INFORMED THE COMMISSIONER ENTRY WILL BE REFUSED. UPON SHOWING OF ADMINISTRATIVE PROBABLE CAUSE BY THE COMMISSIONER, THE DISTRICT COURT SHALL ISSUE AN ADMINISTRATIVE INSPECTION ORDER THAT COMPELS THE PROPERTY OWNER OR LESSEE TO PERMIT THE COMMISSIONER TO ENTER THE PROPERTY FOR THE PURPOSES SPECIFIED IN PARAGRAPH (A).  [A> (D) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL TREAT THE FAILURE OF ANY PERSON TO OBEY A SUBPOENA LAWFULLY ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT.
[A> SUBD. 3. SERVICE. UNLESS OTHERWISE SPECIFIED, SERVICE OF A DOCUMENT ON A PERSON UNDER THIS SECTION OR SECTION 326B.083 MAY BE BY MAIL, BY PERSONAL SERVICE, OR IN ACCORDANCE WITH ANY CONSENT TO SERVICE FILED WITH THE COMMISSIONER. SERVICE BY MAIL SHALL BE ACCOMPLISHED IN THE MANNER PROVIDED IN MINNESOTA RULES, PART 1400.5550, SUBPART 2. PERSONAL SERVICE SHALL BE ACCOMPLISHED IN THE MANNER PROVIDED IN MINNESOTA RULES, PART 1400.5550, SUBPART
3.
[A> SUBD. 4. FAX TRANSMISSION. WHEN THIS SECTION OR SECTION 326B.083 PERMITS A REQUEST FOR RECONSIDERATION OR REQUEST FOR HEARING TO BE SERVED BY FAX ON THE COMMISSIONER, THE FAX SHALL NOT EXCEED 15 PAGES IN LENGTH. THE REQUEST SHALL BE CONSIDERED TIMELY SERVED IF THE FAX IS RECEIVED BY THE COMMISSIONER, AT THE FAX NUMBER IDENTIFIED BY THE COMMISSIONER IN THE ORDER OR NOTICE OF VIOLATION, NO LATER THAN 4:30 P.M. CENTRAL TIME ON THE LAST DAY PERMITTED FOR FAXING THE REQUEST. WHERE THE QUALITY OR AUTHENTICITY OF THE FAXED REQUEST IS AT ISSUE, THE COMMISSIONER MAY REQUIRE THE ORIGINAL REQUEST TO BE FILED. WHERE THE COMMISSIONER HAS NOT IDENTIFIED QUALITY OR AUTHENTICITY OF THE FAXED REQUEST AS AN ISSUE AND THE REQUEST HAS BEEN FAXED IN ACCORDANCE WITH THIS SUBDIVISION, THE PERSON FAXING THE REQUEST DOES NOT NEED TO FILE THE ORIGINAL REQUEST WITH THE COMMISSIONER.
[A> SUBD. 5. TIME COMPUTATION. IN COMPUTING ANY PERIOD OF TIME PRESCRIBED OR ALLOWED BY THIS SECTION, THE DAY OF THE ACT, EVENT, OR DEFAULT FROM WHICH THE DESIGNATED PERIOD OF TIME BEGINS TO RUN SHALL NOT BE INCLUDED. THE LAST DAY OF THE PERIOD SO COMPUTED SHALL BE INCLUDED, UNLESS IT IS A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, IN WHICH EVENT THE PERIOD RUNS UNTIL THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
[A> SUBD. 6. NOTICES OF VIOLATION.
[A> (A) THE COMMISSIONER MAY ISSUE A NOTICE OF VIOLATION TO ANY PERSON WHO THE COMMISSIONER DETERMINES HAS COMMITTED A VIOLATION OF THE APPLICABLE LAW. THE NOTICE OF VIOLATION MUST STATE A SUMMARY OF THE FACTS THAT CONSTITUTE THE VIOLATION AND THE APPLICABLE LAW VIOLATED. THE NOTICE OF VIOLATION MAY REQUIRE THE PERSON TO CORRECT THE VIOLATION. IF CORRECTION IS REQUIRED, THE NOTICE OF VIOLATION MUST STATE THE DEADLINE BY WHICH THE VIOLATION MUST BE CORRECTED.
[A> (B) THE COMMISSIONER SHALL ISSUE THE NOTICE OF VIOLATION BY:
[A> (1) SERVING THE NOTICE OF VIOLATION ON THE PROPERTY OWNER OR ON THE PERSON WHO COMMITTED THE VIOLATION; OR
[A> (2) POSTING THE NOTICE OF VIOLATION AT THE LOCATION WHERE THE VIOLATION OCCURRED.
[A> (C) IF THE PERSON TO WHOM THE COMMISSIONER HAS ISSUED THE NOTICE OF VIOLATION BELIEVES THE NOTICE WAS ISSUED IN ERROR, THEN THE PERSON MAY REQUEST RECONSIDERATION OF THE PARTS OF THE NOTICE THAT THE PERSON BELIEVES ARE IN ERROR. THE REQUEST FOR RECONSIDERATION MUST BE IN WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED IN THE NOTICE OF VIOLATION BY THE TENTH DAY AFTER THE COMMISSIONER ISSUED THE NOTICE OF VIOLATION. THE DATE ON WHICH A REQUEST FOR RECONSIDERATION IS SERVED BY MAIL SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR RECONSIDERATION IS MAILED. IF THE PERSON DOES NOT SERVE OR FAX A WRITTEN REQUEST FOR RECONSIDERATION OR IF THE PERSON'S WRITTEN REQUEST FOR RECONSIDERATION IS NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE TENTH DAY AFTER THE COMMISSIONER ISSUED THE NOTICE OF VIOLATION, THE NOTICE OF VIOLATION SHALL BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY ANY COURT OR AGENCY. THE REQUEST FOR RECONSIDERATION MUST:
[A> (1) SPECIFY WHICH PARTS OF THE NOTICE OF VIOLATION THE PERSON BELIEVES ARE IN ERROR;
[A> (2) EXPLAIN WHY THE PERSON BELIEVES THE PARTS ARE IN ERROR; AND
[A> (3) PROVIDE DOCUMENTATION TO SUPPORT THE REQUEST FOR RECONSIDERATION. THE COMMISSIONER SHALL RESPOND IN WRITING TO REQUESTS FOR RECONSIDERATION MADE UNDER THIS PARAGRAPH WITHIN 15 DAYS AFTER RECEIVING THE REQUEST. A REQUEST FOR RECONSIDERATION DOES NOT STAY A REQUIREMENT TO CORRECT A VIOLATION AS SET FORTH IN THE NOTICE OF VIOLATION. AFTER REVIEWING THE REQUEST FOR RECONSIDERATION, THE COMMISSIONER MAY AFFIRM, MODIFY, OR RESCIND THE NOTICE OF VIOLATION. THE COMMISSIONER'S RESPONSE TO A REQUEST FOR RECONSIDERATION IS FINAL AND SHALL NOT BE REVIEWED BY ANY COURT OR AGENCY.
[A> SUBD. 7. ADMINISTRATIVE ORDERS; CORRECTION; ASSESSMENT OF MONETARY PENALTIES.
[A> (A) THE COMMISSIONER MAY ISSUE AN ADMINISTRATIVE ORDER TO ANY PERSON WHO THE COMMISSIONER DETERMINES HAS COMMITTED A VIOLATION OF THE APPLICABLE LAW. THE COMMISSIONER SHALL ISSUE THE ADMINISTRATIVE ORDER BY SERVING THE ADMINISTRATIVE ORDER ON THE PERSON. THE ADMINISTRATIVE  MAY REQUIRE THE PERSON TO CORRECT THE VIOLATION, MAY REQUIRE THE PERSON TO CEASE AND DESIST FROM COMMITTING THE VIOLATION, AND MAY ASSESS MONETARY PENALTIES. THE COMMISSIONER SHALL FOLLOW THE PROCEDURES IN SECTION 326B.083 WHEN ISSUING ADMINISTRATIVE ORDERS. EXCEPT AS PROVIDED IN PARAGRAPH (B), THE COMMISSIONER MAY ISSUE TO EACH PERSON A MONETARY PENALTY OF UP TO $ 10,000 FOR EACH VIOLATION OF APPLICABLE LAW COMMITTED BY THE PERSON. THE COMMISSIONER MAY ORDER THAT PART OR ALL OF THE MONETARY PENALTY WILL BE FORGIVEN IF THE PERSON TO WHOM THE ORDER IS ISSUED DEMONSTRATES TO THE COMMISSIONER BY THE 31ST DAY AFTER THE ORDER IS ISSUED THAT THE PERSON HAS CORRECTED THE VIOLATION OR HAS DEVELOPED A CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER.
[A> (B) THE COMMISSIONER MAY ISSUE AN ADMINISTRATIVE ORDER FOR FAILURE TO CORRECT A VIOLATION BY THE DEADLINE STATED IN A FINAL ADMINISTRATIVE ORDER ISSUED UNDER PARAGRAPH (A). EACH DAY AFTER THE DEADLINE DURING WHICH THE VIOLATION REMAINS UNCORRECTED IS A SEPARATE VIOLATION FOR PURPOSES OF CALCULATING THE MAXIMUM MONETARY PENALTY AMOUNT.  [A> (C) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL FIND THE FAILURE OF ANY PERSON TO CORRECT A VIOLATION AS REQUIRED BY A FINAL ADMINISTRATIVE ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT.
[A> SUBD. 8. HEARINGS RELATED TO ADMINISTRATIVE ORDERS.
[A> (A) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES AN ADMINISTRATIVE ORDER OR WITHIN 20 DAYS AFTER THE COMMISSIONER ISSUES THE NOTICE UNDER SECTION 326B.083, SUBDIVISION 3, PARAGRAPH (B), CLAUSE (3), THE PERSON TO WHOM THE ADMINISTRATIVE ORDER OR NOTICE IS ISSUED MAY REQUEST AN EXPEDITED HEARING TO REVIEW THE COMMISSIONER'S ORDER OR NOTICE. THE REQUEST FOR HEARING MUST BE IN WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED IN THE ORDER OR NOTICE. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE 30TH DAY AFTER THE COMMISSIONER ISSUES THE ADMINISTRATIVE ORDER OR THE 20TH DAY AFTER THE COMMISSIONER ISSUES THE NOTICE UNDER SECTION 326B.083, SUBDIVISION 3, PARAGRAPH (B), CLAUSE (3), THE ORDER WILL BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED. THE HEARING REQUEST MUST SPECIFICALLY STATE THE REASONS FOR SEEKING REVIEW OF THE ORDER OR NOTICE. THE PERSON TO WHOM THE ORDER OR NOTICE IS ISSUED AND THE COMMISSIONER ARE THE PARTIES TO THE EXPEDITED HEARING. THE COMMISSIONER MUST NOTIFY THE PERSON TO WHOM THE ORDER OR NOTICE IS ISSUED OF THE TIME AND PLACE OF THE HEARING AT LEAST 15 DAYS BEFORE THE HEARING. THE EXPEDITED HEARING MUST BE HELD WITHIN 45 DAYS AFTER A REQUEST FOR HEARING HAS BEEN SERVED ON THE UNLESS THE PARTIES AGREE TO A LATER DATE.  [A> (B) ALL WRITTEN ARGUMENTS MUST BE SUBMITTED WITHIN TEN DAYS FOLLOWING THE CLOSE OF THE HEARING. THE HEARING SHALL BE CONDUCTED UNDER MINNESOTA RULES, PARTS 1400.8510 TO 1400.8612, AS MODIFIED BY THIS SUBDIVISION. THE OFFICE OF ADMINISTRATIVE HEARINGS MAY, IN CONSULTATION WITH THE AGENCY, ADOPT RULES SPECIFICALLY APPLICABLE TO CASES UNDER THIS SECTION.
[A> (C) THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A REPORT MAKING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND A RECOMMENDED ORDER TO THE COMMISSIONER WITHIN 30 DAYS FOLLOWING THE CLOSE OF THE RECORD.
[A> (D) IF THE ADMINISTRATIVE LAW JUDGE MAKES A FINDING THAT THE HEARING WAS REQUESTED SOLELY FOR PURPOSES OF DELAY OR THAT THE HEARING REQUEST WAS FRIVOLOUS, THE COMMISSIONER MAY ADD TO THE AMOUNT OF THE PENALTY THE COSTSCHARGED TO THE DEPARTMENT BY THE OFFICE OF ADMINISTRATIVE HEARINGS FOR THE HEARING.
[A> (E) IF A HEARING HAS BEEN HELD, THE COMMISSIONER SHALL NOT ISSUE A FINAL ORDER UNTIL AT LEAST FIVE DAYS AFTER THE DATE OF THE ADMINISTRATIVE LAW JUDGE'S REPORT. ANY PERSON AGGRIEVED BY THE ADMINISTRATIVE LAW JUDGE'S REPORT MAY, WITHIN THOSE FIVE DAYS, SERVE WRITTEN COMMENTS TO THE COMMISSIONER ON THE REPORT AND THE COMMISSIONER SHALL CONSIDER THE COMMENTS. THE COMMISSIONER'S FINAL ORDER MAY BE APPEALED IN THE MANNER PROVIDED IN SECTIONS 14.63 TO 14.69.
[A> SUBD. 9. INJUNCTIVE RELIEF. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW, THE COMMISSIONER MAY BRING AN ACTION FOR INJUNCTIVE RELIEF IN THE RAMSEY COUNTY DISTRICT COURT OR, AT THE COMMISSIONER'S DISCRETION, IN THE DISTRICT COURT IN THE COUNTY IN WHICH THE COMMISSIONER HAS DETERMINED A VIOLATION OF THE APPLICABLE LAW HAS OCCURRED OR IS ABOUT TO OCCUR TO ENJOIN THE VIOLATION. A TEMPORARY RESTRAINING ORDER AND OTHER INJUNCTIVE RELIEF SHALL BE GRANTED BY THE DISTRICT COURT IF THE COURT DETERMINES THAT A PERSON HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN AN ACT, CONDUCT, OR PRACTICE CONSTITUTING A VIOLATION OF THE APPLICABLE LAW. THE COMMISSIONER SHALL NOT BE REQUIRED TO SHOW IRREPARABLE HARM.
[A> SUBD. 10. STOP ORDERS.
[A> (A) IF THE COMMISSIONER DETERMINES BASED ON AN INSPECTION OR INVESTIGATION THAT A PERSON HAS VIOLATED OR IS ABOUT TO VIOLATE THE APPLICABLE LAW, THE COMMISSIONER MAY ISSUE TO THE PERSON A STOP ORDER REQUIRING THE PERSON TO CEASE AND DESIST FROM COMMITTING THE VIOLATION.
[A> (B) IF THE COMMISSIONER DETERMINES THAT A CONDITION EXISTS ON REAL PROPERTY THAT VIOLATES THE APPLICABLE LAW, THE COMMISSIONER MAY ISSUE A STOP ORDER TO THE OWNER OR LESSEE OF THE REAL PROPERTY TO CEASE AND DESIST FROM COMMITTING THE VIOLATION AND TO CORRECT THE CONDITION THAT IS IN VIOLATION.
[A> (C) THE COMMISSIONER SHALL ISSUE THE STOP WORK ORDER BY:
[A> (1) SERVING THE ORDER ON THE PERSON WHO HAS COMMITTED OR IS ABOUT TO COMMIT THE VIOLATION;
[A> (2) POSTING THE ORDER AT THE LOCATION WHERE THE VIOLATION WAS COMMITTED OR IS ABOUT TO BE COMMITTED OR AT THE LOCATION WHERE THE VIOLATING CONDITION EXISTS; OR
[A> (3) SERVING THE ORDER ON ANY OWNER OR LESSEE OF THE REAL PROPERTY WHERE
THE VIOLATING CONDITION EXISTS.
[A> (D) A STOP ORDER SHALL:
[A> (1) DESCRIBE THE ACT, CONDUCT, OR PRACTICE COMMITTED OR ABOUT TO BE COMMITTED, OR THE CONDITION, AND INCLUDE A REFERENCE TO THE APPLICABLE LAW THAT THE ACT, CONDUCT, PRACTICE, OR CONDITION VIOLATES OR WOULD VIOLATE; AND
[A> (2) PROVIDE NOTICE THAT ANY PERSON AGGRIEVED BY THE STOP ORDER MAY REQUEST A HEARING AS PROVIDED IN PARAGRAPH (E).
[A> (E) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES A STOP ORDER, ANY PERSON AGGRIEVED BY THE ORDER MAY REQUEST AN EXPEDITED HEARING TO REVIEW THE COMMISSIONER'S ACTION. THE REQUEST FOR HEARING MUST BE MADE IN WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED IN THE ORDER. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER ON OR BEFORE THE 30TH DAY AFTER THE COMMISSIONER ISSUED THE STOP ORDER, THE ORDER WILL BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL IS THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED. THE HEARING REQUEST MUST SPECIFICALLY STATE THE REASONS FOR SEEKING REVIEW OF THE ORDER. THE PERSON WHO REQUESTED THE HEARING AND THE COMMISSIONER ARE THE PARTIES TO THE EXPEDITED HEARING. THE HEARING SHALL BE COMMENCED WITHIN TEN DAYS AFTER THE COMMISSIONER RECEIVES THE REQUEST FOR HEARING. THE HEARING SHALL BE CONDUCTED UNDER MINNESOTA RULES, PARTS 1400.8510 TO 1400.8612, AS MODIFIED BY THIS SUBDIVISION. THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A REPORT CONTAINING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND A RECOMMENDED ORDER WITHIN TEN DAYS AFTER THE CONCLUSION OF THE HEARING. ANY PARTY AGGRIEVED BY THE ADMINISTRATIVE LAW JUDGE'S REPORT SHALL HAVE FIVE DAYS AFTER THE DATE OF THE ADMINISTRATIVE LAW JUDGE'S REPORT TO SUBMIT EXCEPTIONS AND ARGUMENT TO THE COMMISSIONER. WITHIN 15 DAYS AFTER RECEIVING THE ADMINISTRATIVE LAW JUDGE'S REPORT, THE COMMISSIONER
SHALL ISSUE AN ORDER VACATING, MODIFYING, OR MAKING PERMANENT THE STOP ORDER. THE COMMISSIONER AND THE PERSON REQUESTING THE HEARING MAY BY AGREEMENT LENGTHEN ANY TIME PERIODS DESCRIBED IN THIS PARAGRAPH. THE OFFICE OF ADMINISTRATIVE HEARINGS MAY, IN CONSULTATION WITH THE AGENCY, ADOPT RULES SPECIFICALLY APPLICABLE TO CASES UNDER THIS SUBDIVISION.
[A> (F) A STOP ORDER ISSUED UNDER THIS SUBDIVISION SHALL BE IN EFFECT UNTILIT IS MODIFIED OR VACATED BY THE COMMISSIONER OR AN APPELLATE COURT. THE
ADMINISTRATIVE HEARING PROVIDED BY THIS SUBDIVISION AND ANY APPELLATE JUDICIAL REVIEW AS PROVIDED IN CHAPTER 14 SHALL CONSTITUTE THE EXCLUSIVE REMEDY FOR ANY PERSON AGGRIEVED BY A STOP ORDER.
[A> (G) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL FIND THE FAILURE OF ANY PERSON TO COMPLY WITH A FINAL STOP ORDER LAWFULLY ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT.
[A> SUBD. 11. LICENSING ORDERS; GROUNDS; REAPPLICATION.
[A> (A) THE COMMISSIONER MAY DENY AN APPLICATION FOR A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE IF THE APPLICANT DOES NOT MEET OR FAILS TO MAINTAIN THE MINIMUM QUALIFICATIONS FOR HOLDING THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, OR HAS ANY UNRESOLVED VIOLATIONS OR UNPAID FEES OR MONETARY PENALTIES RELATED TO THE ACTIVITY FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE HAS BEEN APPLIED FOR OR WAS ISSUED.
[A> (B) THE COMMISSIONER MAY DENY, SUSPEND, LIMIT, PLACE CONDITIONS ON, OR REVOKE A PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, OR CENSURE THE PERSON HOLDING THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, IF THE COMMISSIONER FINDS THAT THE PERSON:
[A> (1) COMMITTED ONE OR MORE VIOLATIONS OF THE APPLICABLE LAW;
[A> (2) SUBMITTED FALSE OR MISLEADING INFORMATION TO THE STATE IN CONNECTION WITH ACTIVITIES FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS ISSUED, OR IN CONNECTION WITH THE APPLICATION FOR THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE;
[A> (3) ALLOWED THE ALTERATION OR USE OF THE PERSON'S OWN PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE BY ANOTHER PERSON;
[A> (4) WITHIN THE PREVIOUS FIVE YEARS, WAS CONVICTED OF A CRIME IN CONNECTION WITH ACTIVITIES FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS ISSUED;
[A> (5) VIOLATED A FINAL ADMINISTRATIVE ORDER ISSUED UNDER SUBDIVISION 7 OR A FINAL STOP ORDER ISSUED UNDER SUBDIVISION 10, OR INJUNCTIVE RELIEF ISSUED UNDER SUBDIVISION 9;
[A> (6) FAILED TO COOPERATE WITH A COMMISSIONER'S REQUEST TO GIVE TESTIMONY, TO PRODUCE DOCUMENTS, THINGS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS, OR TO ACCESS PROPERTY UNDER SUBDIVISION 2;
[A> (7) RETALIATED IN ANY MANNER AGAINST ANY EMPLOYEE OR PERSON WHO IS QUESTIONED BY, COOPERATES WITH, OR PROVIDES INFORMATION TO THE COMMISSIONER OR AN EMPLOYEE OR AGENT AUTHORIZED BY THE COMMISSIONER WHO SEEKS ACCESS TO PROPERTY OR THINGS UNDER SUBDIVISION 2;
[A> (8) ENGAGED IN ANY FRAUDULENT, DECEPTIVE, OR DISHONEST ACT OR PRACTICE; OR
[A> (9) PERFORMED WORK IN CONNECTION WITH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE OR CONDUCTED THE PERSON'S AFFAIRS IN A MANNER THAT DEMONSTRATES INCOMPETENCE, UNTRUSTWORTHINESS, OR FINANCIAL IRRESPONSIBILITY.
[A> (C) IF THE COMMISSIONER REVOKES A PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE UNDER PARAGRAPH (B), THE PERSON IS PROHIBITED FROM REAPPLYING FOR THE SAME TYPE OF PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE FOR AT LEAST TWO YEARS AFTER THE EFFECTIVE DATE OF THE REVOCATION. THE COMMISSIONER MAY, AS A CONDITION OF REAPPLICATION, REQUIRE THE PERSON TO OBTAIN A BOND OR COMPLY WITH ADDITIONAL REASONABLE CONDITIONS THE COMMISSIONER CONSIDERS NECESSARY TO PROTECT THE PUBLIC.
[A> (D) IF A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE EXPIRES, OR IS SURRENDERED, WITHDRAWN, OR TERMINATED, OR OTHERWISE BECOMES INEFFECTIVE, THE COMMISSIONER MAY INSTITUTE A PROCEEDING UNDER THIS SUBDIVISION WITHIN TWO YEARS AFTER THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS LAST EFFECTIVE AND ENTER A REVOCATION OR SUSPENSION ORDER AS OF THE LAST DATE ON WHICH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS IN EFFECT.
[A> SUBD. 12. ISSUANCE OF LICENSING ORDERS; HEARINGS RELATED TO LICENSING ORDERS.
[A> (A) IF THE COMMISSIONER DETERMINES THAT A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE SHOULD BE CONDITIONED, LIMITED, SUSPENDED, REVOKED, OR DENIED UNDER SUBDIVISION 11, OR THAT THE PERMIT HOLDER, LICENSEE, REGISTRANT, OR CERTIFICATE HOLDER SHOULD BE CENSURED UNDER SUBDIVISION 11, THEN THE COMMISSIONER SHALL ISSUE TO THE PERSON AN ORDER DENYING, CONDITIONING, LIMITING, SUSPENDING, OR REVOKING THE PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, OR CENSURING THE PERMIT HOLDER, LICENSEE, REGISTRANT, OR CERTIFICATE HOLDER.
[A> (B) ANY ORDER ISSUED UNDER PARAGRAPH (A) MAY INCLUDE AN ASSESSMENT OF MONETARY PENALTIES AND MAY REQUIRE THE PERSON TO CEASE AND DESIST FROM COMMITTING THE VIOLATION OR COMMITTING THE ACT, CONDUCT, OR PRACTICE SET OUT IN SUBDIVISION 11, PARAGRAPH (B). THE MONETARY PENALTY MAY BE UP TO $ 10,000 FOR EACH VIOLATION OR ACT, CONDUCT, OR PRACTICE COMMITTED BY THE PERSON. THE PROCEDURES IN SECTION 326B.083 MUST BE FOLLOWED WHEN ISSUING ORDERS UNDER PARAGRAPH (A).
[A> (C) THE PERMIT HOLDER, LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR APPLICANT TO WHOM THE COMMISSIONER ISSUES AN ORDER UNDER PARAGRAPH (A) SHALL HAVE 30 DAYS AFTER SERVICE OF THE ORDER TO REQUEST A HEARING. THE REQUEST FOR HEARING MUST BE IN WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED IN THE ORDER BY THE 30TH DAY AFTER SERVICE OF THE ORDER. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE 30TH DAY AFTER SERVICE OF THE ORDER, THE ORDER SHALL BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED. IF THE PERSON SUBMITS TO THE COMMISSIONER A TIMELY REQUEST FOR HEARING, A CONTESTED CASE HEARING SHALL BE HELD IN ACCORDANCE WITH CHAPTER 14.
[A> (D) PARAGRAPH (C) DOES NOT APPLY TO SUMMARY SUSPENSION UNDER SUBDIVISION 13.
[A> SUBD. 13. SUMMARY SUSPENSION. IN ANY CASE WHERE THE COMMISSIONER HAS ISSUED AN ORDER TO REVOKE OR SUSPEND A LICENSE, REGISTRATION, CERTIFICATE, OR PERMIT UNDER SUBDIVISION 12, THE COMMISSIONER MAY SUMMARILY SUSPEND THE PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE BEFORE THE ORDER BECOMES FINAL. THE COMMISSIONER SHALL ISSUE A SUMMARY SUSPENSION ORDER WHEN THE SAFETY OF LIFE OR PROPERTY IS THREATENED OR TO PREVENT THE COMMISSION OF FRAUDULENT, DECEPTIVE, UNTRUSTWORTHY, OR DISHONEST ACTS AGAINST THE PUBLIC. THE SUMMARY SUSPENSION SHALL NOT AFFECT THE DEADLINE FOR SUBMITTING A REQUEST FOR HEARING UNDER SUBDIVISION 12. IF THE COMMISSIONER SUMMARILY SUSPENDS A PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, A TIMELY REQUEST FOR HEARING SUBMITTED UNDER SUBDIVISION 12 SHALL ALSO BE CONSIDERED A TIMELY REQUEST FOR HEARING ON CONTINUATION OF THE SUMMARY SUSPENSION. IF THE COMMISSIONER SUMMARILY SUSPENDS A PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE UNDER THIS SUBDIVISION AND THE PERSON SUBMITS A TIMELY REQUEST FOR A HEARING, THEN A HEARING ON CONTINUATION OF THE SUMMARY SUSPENSION MUST BE HELD WITHIN TEN DAYS AFTER THE COMMISSIONER RECEIVES THE REQUEST FOR HEARING UNLESS THE PARTIES AGREE TO A LATER DATE.
[A> SUBD. 14. PLAN FOR ASSESSING PENALTIES. THE COMMISSIONER MAY PREPARE A PLAN FOR ASSESSING PENALTIES IN ORDERS ISSUED UNDER SUBDIVISION 7 OR 12. THE COMMISSIONER SHALL PROVIDE A 30-DAY PERIOD FOR PUBLIC COMMENT ON ANY SUCH PLAN. PENALTIES ASSESSED BY THE COMMISSIONER IN ACCORDANCE WITH THE PLAN SHALL BE PRESUMED REASONABLE.
[A> SUBD. 15. EFFECT ON OTHER LAWS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE APPLICATION OF OTHER STATE OR FEDERAL LAWS, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY SECTION 270C.72, THAT REQUIRE SUSPENSION OF, REVOCATION OF, DENIAL OF, OR REFUSAL TO RENEW A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE ISSUED BY THE COMMISSIONER.
[A> SUBD. 16. MISDEMEANOR PENALTIES. EXCEPT AS OTHERWISE PROVIDED BY LAW, A PERSON WHO VIOLATES AN APPLICABLE LAW IS GUILTY OF A MISDEMEANOR.
[A> SUBD. 17. REVOCATION AND SUSPENSION OF LICENSE. IF A PERSON FAILS TO PAY A PENALTY OWED UNDER THIS SECTION OR SECTION 326B.083, THE COMMISSIONER MAY REVOKE, SUSPEND, OR DENY ANY OR ALL LICENSES, PERMITS, CERTIFICATES, AND REGISTRATIONS ISSUED BY THE DEPARTMENT.
Sec. 3. [A> (326B.083) AMOUNT OF PENALTY; CONTENTS OF ADMINISTRATIVE AND LICENSING ORDERS.
[A> SUBDIVISION 1. AMOUNT OF PENALTY; CONSIDERATIONS. IN DETERMINING THE AMOUNT OF A PENALTY ASSESSED UNDER SECTION 326B.082, SUBDIVISION 7 OR 12, THE COMMISSIONER SHALL CONSIDER THE FACTORS DESCRIBED IN SECTION 14.045, SUBDIVISION
3.
[A> SUBD. 2. CONTENTS OF ADMINISTRATIVE ORDER AND LICENSING ORDER.
[A> (A) AN ADMINISTRATIVE ORDER AND A LICENSING ORDER MUST INCLUDE:
[A> (1) A SUMMARY OF THE FACTS THAT CONSTITUTE THE VIOLATION OR VIOLATIONS;
[A> (2) A REFERENCE TO THE APPLICABLE LAW THAT HAS BEEN VIOLATED; AND
[A> (3) A STATEMENT OF THE PERSON'S RIGHT TO REQUEST A HEARING.
[A> (B) AN ADMINISTRATIVE ORDER MAY INCLUDE A REQUIREMENT THAT THE VIOLATION BE CORRECTED. IF THE ORDER INCLUDES A REQUIREMENT THAT THE VIOLATION BE CORRECTED, THEN THE ORDER MUST INCLUDE, IN ADDITION TO ANY STATEMENTS REQUIRED UNDER PARAGRAPHS (A) AND (C), THE DEADLINE BY WHICH THE VIOLATION MUST BE CORRECTED.
[A> (C) AN ADMINISTRATIVE ORDER OR A LICENSING ORDER MAY ASSESS MONETARY PENALTIES. IF THE ORDER ASSESSES MONETARY PENALTIES, THEN THE ORDER MUST INCLUDE, IN ADDITION TO ANY STATEMENTS REQUIRED UNDER PARAGRAPHS (A) AND (B):

[A> (1) A STATEMENT OF THE AMOUNT OF THE MONETARY PENALTY IMPOSED;
[A> (2) A STATEMENT THAT, WHEN THE ORDER BECOMES FINAL, THE COMMISSIONER MAY FILE AND ENFORCE THE UNPAID PORTION OF A PENALTY AS A JUDGMENT IN DISTRICT COURT WITHOUT FURTHER NOTICE OR ADDITIONAL PROCEEDINGS; AND
[A> (3) IF THE ORDER IS AN ADMINISTRATIVE ORDER, A STATEMENT OF THE AMOUNT OF THE PENALTY, IF ANY, THAT WILL BE FORGIVEN IF THE PERSON WHO IS SUBJECT TO THE ORDER DEMONSTRATES TO THE COMMISSIONER BY THE 31ST DAY AFTER THE ORDER IS SERVED THAT THE PERSON HAS CORRECTED THE VIOLATION OR HAS DEVELOPED A CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER.
[A> SUBD. 3. PENALTY.
[A> (A) IF AN ADMINISTRATIVE ORDER INCLUDES A PENALTY ASSESSMENT, THEN THE PENALTY IS DUE AND PAYABLE ON THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL UNLESS SOME OR ALL OF THE PENALTY IS FORGIVABLE. IF A LICENSING ORDER INCLUDES A PENALTY ASSESSMENT, THEN THE PENALTY IS DUE AND PAYABLE ON THE DATE THE LICENSING ORDER BECOMES FINAL.
[A> (B) THIS PARAGRAPH APPLIES IF AN ADMINISTRATIVE ORDER INCLUDES A PENALTY ASSESSMENT AND ALL OR A PORTION OF THE PENALTY IS FORGIVABLE.
[A> (1) IF ANY PORTION OF THE PENALTY IS NOT FORGIVABLE, THAT PORTION OF THE PENALTY IS DUE AND PAYABLE TEN DAYS AFTER THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL.
[A> (2) THE COMMISSIONER SHALL FORGIVE THE FORGIVABLE PORTION OF THE PENALTY IF THE COMMISSIONER DETERMINES THAT THE VIOLATION HAS BEEN CORRECTED WITHIN THE TIME SET BY THE ORDER OR THE PERSON TO WHOM THE ORDER WAS ISSUED HAS DEVELOPED A CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER WITHIN THE TIME SET BY THE ORDER.
[A> (3) IF THE COMMISSIONER DETERMINES THAT THE PERSON TO WHOM THE ORDER WAS ISSUED HAS FAILED TO CORRECT THE VIOLATION WITHIN THE TIME SET BY THE ORDER OR HAS FAILED TO DEVELOP A CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER WITHIN THE TIME SET BY THE ORDER, THEN THE FORGIVABLE PORTION OF THE PENALTY IS DUE AND PAYABLE TEN DAYS AFTER THE COMMISSIONER SERVES NOTICE OF THE DETERMINATION ON THE PERSON OR ON THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL, WHICHEVER IS LATER.
[A> (C) THIS PARAGRAPH APPLIES IF AN ADMINISTRATIVE ORDER OR A LICENSING ORDER INCLUDES A PENALTY ASSESSMENT AND IF THE PERSON SUBJECT TO THE ORDER HAS REQUESTED A HEARING. THE ADMINISTRATIVE LAW JUDGE MAY NOT RECOMMEND A CHANGE IN THE AMOUNT OF THE PENALTY IF THE PENALTY WAS ASSESSED IN ACCORDANCE WITH A PLAN PREPARED UNDER SECTION 326B.082, SUBDIVISION 14. IF THE COMMISSIONER HAS NOT PREPARED A PLAN UNDER SECTION 326B.082, SUBDIVISION 14, THEN THE ADMINISTRATIVE LAW JUDGE MAY NOT RECOMMEND A CHANGE IN THE AMOUNT OF THE PENALTY UNLESS THE ADMINISTRATIVE LAW JUDGE DETERMINES THAT, BASED ON THE FACTORS IN SECTION 14.045, SUBDIVISION 3, THE AMOUNT OF THE PENALTY IS UNREASONABLE.  [A> (D) THE ASSESSMENT OF A PENALTY DOES NOT PRECLUDE THE USE OF OTHER ENFORCEMENT PROVISIONS, UNDER WHICH PENALTIES ARE NOT ASSESSED, IN CONNECTION WITH THE VIOLATION FOR WHICH THE PENALTY WAS ASSESSED.  Sec. 4. [A> (326B.084) FALSE INFORMATION. A PERSON SUBJECT TO ANY OF THE REQUIREMENTS IN THE APPLICABLE LAW MAY NOT MAKE A FALSE MATERIAL STATEMENT, REPRESENTATION, OR CERTIFICATION IN; OMIT MATERIAL INFORMATION FROM; OR ALTER, CONCEAL, OR FAIL TO FILE OR MAINTAIN A NOTICE, APPLICATION, RECORD, REPORT, PLAN, OR OTHER DOCUMENT REQUIRED UNDER THE APPLICABLE LAW.  Sec. 5. [A> (326B.085) RECOVERY OF LITIGATION COSTS AND EXPENSES. IN ANY ACTION BROUGHT BY THE COMMISSIONER FOR ENFORCEMENT OF AN ORDER ISSUED UNDER SECTION 326B.082 FOR INJUNCTIVE RELIEF, OR TO COMPEL PERFORMANCE PURSUANT TO THE APPLICABLE LAW, IF THE STATE FINALLY PREVAILS, THE STATE, IN ADDITION TO OTHER PENALTIES PROVIDED BY LAW, MAY BE ALLOWED AN AMOUNT DETERMINED BY THE COURT TO BE THE REASONABLE VALUE OF ALL OR PART OF THE LITIGATION EXPENSES INCURRED BY THE STATE. IN DETERMINING THE AMOUNT OF THE LITIGATION EXPENSES TO BE ALLOWED, THE COURT SHALL GIVE CONSIDERATION TO THE ECONOMIC CIRCUMSTANCES OF THE DEFENDANT.  Sec. 6. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER MINNESOTA STATUTES, SECTION 299F.011, SUBDIVISION 1, AS MINNESOTA STATUTES, SECTION 326B.02, SUBDIVISION 5.  ARTICLE 4

BUILDING CODE

Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:

Subd. 2. Powers and duties, general. Subject to other provisions of this chapter, the commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and purchasing;
(2) provide agencies with supplies and equipment and operate all central store or supply rooms serving more than one agency;
(3) investigate and study the management and organization of agencies, and reorganize them when necessary to ensure their effective and efficient operation;
(4) manage and control state property, real and personal;
(5) maintain and operate all state buildings, as described in section 16B.24, subdivision 1 ;
(6) supervise, control, review, and approve all capital improvements to state buildings and the capitol building and grounds;
(7) provide central duplicating, printing, and mail facilities;
(8) oversee publication of official documents and provide for their sale;
(9) manage and operate parking facilities for state employees and a central motor pool for travel on state business; [A> AND
[D> (10) establish and administer a State Building Code; and
[D> (11) (10) a private day care center for children of state employees. The commissioner shall contract for services as provided in this chapter. The commissioner shall report back to the legislature by October 1, 1984, with the recommendation to implement the private day care operation.

Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:

Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner [A> OF LABOR AND INDUSTRY IN CONSULTATION WITH EACH INDUSTRY BOARD AND THE CONSTRUCTION CODES ADVISORY COUNCIL 16B.59 to 16B.75.

Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:

Subd. 7. [D> Physically disabled PERSON WITH A DISABILITY  "Physically disabled" means having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, or perceptiveness. "PERSON WITH A DISABILITY" OR "PERSONS WITH DISABILITIES" INCLUDES PEOPLE WHO HAVE A VISION DISABILITY, A HEARING DISABILITY, A DISABILITY OF COORDINATION, A DISABILITY OF AGING, OR ANY OTHER DISABILITY THAT SIGNIFICANTLY REDUCES MOBILITY, FLEXIBILITY, COORDINATION, OR PERCEPTIVENESS.
Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:

Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing public building in whole or in part in order to bring it [D> up to date in INTO other rules on the upgrading of health and safety provisions are applicable.

Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:

Subd. 11. State licensed [D> facilities FACILITY licensed [D> facilities FACILITY that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, [D> or facility [A> , BOARDING CARE HOME, OR RESIDENTIAL HOSPICE  Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:

16B.61 GENERAL POWERS OF COMMISSIONER [A> OF LABOR AND INDUSTRY  Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the commissioner shall by rule [A> AND IN CONSULTATION WITH THE CONSTRUCTION CODES ADVISORY COUNCIL reconstruction, alteration, and repair of buildings, governing matters of structural materials, design and construction, fire protection, health,sanitation, and safety, including design and construction standards regarding heat loss control, illumination, and climate control. The code must also include duties and responsibilities for code administration, including procedures for administrative action, penalties, and suspension and revocation of certification. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States, including a code for building conservation. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new materials. Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce the provisions of those sections. The commissioner shall develop rules addressing the plan review fee assessed to similar buildings without significant modifications including provisions for use of building systems as specified in the industrial/modular program specified in section 16B.75 . Additional plan review fees associated with similar plans must be based on costs commensurate with the direct and indirect costs of the service.

Subd. 1a. Administration by commissioner. The commissioner shall administer and enforce the State Building Code as a municipality with respect to public
buildings and state licensed facilities in the state. The commissioner shall establish appropriate permit, plan review, [D> and , AND SURCHARGES Fees and surcharges for public buildings and state licensed facilities must be remitted to the commissioner, who shall deposit them in the state treasury for credit to the special revenue fund. agreement with the commissioner for code administration and enforcement service for public buildings and state licensed facilities shall charge their customary fees, including surcharge, to be paid directly to the jurisdiction by the applicant seeking authorization to construct a public building or a state licensed facility. The commissioner shall sign an agreement with a municipality other than the state for plan review, code administration, and code enforcement service for public buildings and state licensed facilities in the jurisdiction if the building officials of the municipality meet the requirements of section 16B.65 and wish to provide those services and if the commissioner determines that the municipality has enough adequately trained and qualified building inspectors to provide those services for the construction project. The commissioner may direct the state building official to assist a community that has been affected by a natural disaster with building evaluation and other activities related to building codes. Administration and enforcement in a municipality under this section must apply any optional provisions of the State Building Code adopted by the municipality. A municipality adopting any optional code provision shall notify the state building official within 30 days of its adoption. The commissioner shall administer and enforce the provisions of the code relating to elevators statewide, except as provided for under section 16B.747, subdivision 3.

Subd. 2. Enforcement by certain bodies. Under the direction and supervision of the commissioner, the provisions of the code relating to electrical installations [D> shall be enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act, the provisions relating to , plumbing [D> shall be enforced by the commissioner of health, the provisions relating to , BOILERS, [A> AND REFRIGERATION , and bioprocess piping shall be enforced by the Department of Labor and Industry. Fees for inspections conducted by the [D> State Board of Electricity COMMISSIONER be paid in accordance with the rules of the [D> State Board of Electricity [A> DEPARTMENT state fire marshal shall enforce the State Fire Code as provided in chapter 299F. The commissioner [D> , in consultation with the commissioner of labor and
industry, Building Code to implement standards for process piping.

Subd. 3. Special requirements.
(a) Space for commuter vans. The code must require that any parking ramp or other parking facility constructed in accordance with the code include an appropriate number of spaces suitable for the parking of motor vehicles having a capacity of seven to 16 persons and which are principally used to provide prearranged commuter transportation of employees to or from their place of employment or to or from a transit stop authorized by a local transit authority.
(b) Smoke detection devices. The code must require that all dwellings, lodging houses, apartment houses, and hotels as defined in section 299F.362 comply with the provisions of section 299F.362.
(c) Doors in nursing homes and hospitals. The State Building Code may not require that each door entering a sleeping or patient's room from a corridor in a nursing home or hospital with an approved complete standard automatic fire extinguishing system be constructed or maintained as self-closing or automatically closing.
(d) Child care facilities in churches; ground level exit. A licensed day care center serving fewer than 30 preschool age persons and which is located in a belowground space in a church building is exempt from the State Building Code requirement for a ground level exit when the center has more than two stairways to the ground level and its exit.
[D> (e) Child care facilities in churches; vertical access. Until August 1, 1996, an organization providing child care in an existing church building which is exempt from taxation under section 272.02, subdivision 6 , shall have five years from the date of initial licensure under chapter 245A to provide interior vertical access, such as an elevator, to persons with disabilities as required by the State Building Code. To obtain the extension, the organization providing child care must secure a $ 2,500 performance bond with the commissioner of human services to ensure that interior vertical access is achieved by the agreed upon date.
[D> (f) (E) legislature enacts legislation specifying appropriate standards, the definition of [D> Group R-3 occupancies in DWELLINGS CONSTRUCTED IN ACCORDANCE WITH THE INTERNATIONAL RESIDENTIAL CODE AS ADOPTED AS PART OF Code applies to family and group family day care homes licensed by the Department of Human Services under Minnesota Rules, chapter 9502.
[D> (g) (F) appendix chapter of the code may require stairways of existing multiple dwelling buildings of two stories or less to be enclosed.
[D> (h) (G) code or appendix chapter of the code may prohibit double cylinder dead bolt locks in existing single-family homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. Any recommendation or promotion of double cylinder dead bolt locks must include a warning about their potential fire danger and procedures to minimize the danger.
[D> (i) (H) building relocated within or into a political subdivision of the state need not comply with the State Energy Code or section 326.371 provided that, where available, an energy audit is conducted on the relocated building.
[D> (j) (I) require all residential buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82 and 325F.83.
[D> (k) (J) construction is begun on or after October 1, 1993, or an existing building on which remodeling affecting 50 percent or more of the enclosed space is begun on or after October 1, 1993, the code must prohibit the use of internally illuminated exit signs whose electrical consumption during nonemergency operation exceeds 20 watts of resistive power. All other requirements in the code for exit signs must be complied with.