Current through Register Vol. 49, No. 8, August 19, 2024
Section 17.982 - CRIMINAL AND ADMINISTRATIVE PENALTIESSubdivision 1.Criminal penalties.A person who violates a provision of chapter 25 or 31B for which a penalty has not been prescribed is guilty of a misdemeanor.
Subd. 2.Administrative penalties.(a) The commissioner may, as an alternative to misdemeanor prosecution, impose an administrative penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose an administrative penalty of not more than $1,000 for each violation. For a second or succeeding violation, the commissioner may impose an administrative penalty of not more than $1,500 for each violation. Each day a violation continues is a separate violation.(b) In determining the amount of the administrative penalty the commissioner may consider: (1) the willfulness of the violation;(2) the gravity of the violation;(3) the person's history of past violations;(4) the number of violations;(5) the economic benefit from the violation; and(6) other factors identified in the commissioner's citation.(c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and:(1) similarity between the violations;(2) time elapsed since the last violation; and(3) the person's response to the most recent violation.1991 c 316 s 2; 1999 c 231 s 34; 1Sp2005 c 1 art 1 s 11; 2007 c 45 art 1 s 20; 2012 c 244 art 2 s 1