Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
SSTS business licenses.
The commissioner is authorized to deny, suspend, restrict,
revoke, place corrective action, fine, raise bond amounts, or institute other
sanctions against an SSTS business license for any of the following
reasons:
A. failure to meet the
requirements for a license;
B.
failure to comply with applicable requirements;
C. submission of false or misleading
information or credentials in order to obtain or renew a license;
D. failure to provide adequate supervision to
noncertified employees;
E.
incompetence, negligence, fraud, illegal activity, or inappropriate conduct in
the performance of the duties authorized under the license;
F. failure to report the number of sewage
tanks installed and pay tank fees as prescribed in Minnesota Statutes, section
115.551; or
G. failure to comply with applicable soil
dispute resolution requirements.
Subp. 2.
Certification and
apprentice.
If the commissioner finds any of the following faults, the
commissioner is authorized to deny, suspend, restrict, revoke, place corrective
action, fine, or institute other sanctions against a certification or
apprentice designation:
A. failure to
meet the certification or apprenticeship requirements;
B. failure to comply with applicable
requirements;
C. submission of
false or misleading information or credentials in order to obtain or renew a
certification or apprentice designation;
D. incompetence, negligence, fraud, illegal
activity, conflict of interest, or inappropriate conduct in the performance of
the duties authorized under the certification or apprenticeship; or
E. failure to comply with applicable soil
dispute resolution requirements.
Subp. 3.
Complaints.
A. Upon receiving a signed written complaint
that alleges the existence of grounds for enforcement action against a licensed
SSTS business or a certified or apprenticed individual under subpart
1 or
2, the commissioner shall
initiate an investigation.
B. The
complaint must contain the name, address, and telephone number of the
complainant; the name of the alleged violators; the alleged violations, dates,
and locations; and any other pertinent information to demonstrate the validity
of the complaint.
C. The
commissioner shall evaluate the results of the investigation and consider
expert advice as needed in order to determine whether enforcement actions are
necessary.
D. Enforcement actions
shall not be taken before written notice is given to the licensee or individual
and an opportunity is provided for a contested case hearing complying with
Minnesota Statutes, chapter 14.
Subp.
4.
Enforcement action.
If the commissioner finds that enforcement action is
necessary, the actions described in items A to C must be taken.
A. A written notice must be sent by certified
mail to the licensee, certified individual, or apprentice. The written notice
must contain, as applicable, the effective date of the enforcement action, the
nature of the violation constituting the basis for the enforcement action, the
facts that support the conclusion that a violation has occurred, specific
actions necessary to fulfill the terms of the notice, and a statement that a
licensee, certified individual, or apprentice who desires a contested case
hearing must, within ten calendar days, exclusive of the day of service, file a
written request with the commissioner.
B. If a hearing is requested, the enforcement
action is stayed pending the outcome of the hearing. If the licensee, certified
individual, or apprentice does not request a hearing, the business or
individual forfeits any opportunity for a hearing.
C. A licensee, certified individual, or
apprentice whose license, certification, or apprenticeship has been revoked is
not entitled to apply for a license, certification, or apprenticeship for one
year following the effective date of revocation or for any longer period of
time specified in the revocation notice. A licensee, certified individual, or
apprentice with a revoked or suspended license, certification, or
apprenticeship shall return the license, certification, or apprentice
identification card to the commissioner.
Subp. 5.
Enforcement; general.
General agency enforcement authority under Minnesota
Statutes, sections
115.03,
115.071,
115.072,
115.56,
116.072,
and
116.073, is also
available for enforcement actions under this part.
Subp. 6.
Nonlicensed violations.
The commissioner shall fine, or impose other sanctions, for
those implying or advertising to be a certified individual, apprentice, or
licensed business or conducting SSTS activities without the required
certification, apprenticeship, or license.
Statutory Authority: MS s
115.03;
115.55
