Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Reporting applications; fees.
A report of the applications collected and all application
and reinstatement fees due and owed the state must be transmitted by the agent
to the commissioner each day the agent's office is open to the public, before
the end of the next working day, in an electronic format or other means
approved by the commissioner.
A. The
report must:
(1) indicate the applicant's full
name and date of birth, or the applicant's Minnesota driver's license, permit,
or state identification card number;
(2) specify the type of
application;
(3) list the
application and reinstatement fees collected; and
(4) include the completed
applications.
B. The
report must contain a financial statement listing the total amount of
application and reinstatement fees collected and deposited under subparts
2 and
2a. The financial statement
must provide the office location identification number, report number, report
date, and total amount of the deposit for that report.
C. The report must be transmitted or
delivered to the commissioner, before the end of the next working day following
the collection of any applications or fees, by electronic transfer or other
alternative means approved by the commissioner.
D. All applications and fees collected in an
agent's office must be included on the report for the day the applications and
fees were collected in the office.
E. A minimum of one summary report must be
completed for all applications and fees collected during each working
day.
F. More than one report may be
submitted for a working day with prior approval from the
commissioner.
G. If an agent's
office does not collect any applications or fees on a working day the office is
scheduled to be open, a report must still be filed with the commissioner
indicating that no applications or fees were collected that day.
H. Supporting documents for applications
listed on the report must be delivered electronically or by other means
approved by the commissioner such as:
(1)
United States mail;
(2) a package
delivery service;
(3) electronic
transfer;
(4) hand delivery;
or
(5) another method approved by
the commissioner.
I. An
agent must file with the commissioner reports of the agent's credit card and
debit card transactions for application and reinstatement fees.
Subp. 1a.
Processing credit
card and debit card transactions.
A.
At the daily close of office records on each working day, the agent shall
settle the batch containing all credit card and debit card transactions
conducted that day according to procedures prescribed by the
commissioner.
B. The agent shall
store all signed merchant copies of the credit card and debit card receipts for
the transaction amount and the convenience fee at the agent's office location
and shall maintain all signed merchant copies of the credit card and debit card
receipts for the transaction amount and the convenience fee according to
subpart
3.
C. The agent is responsible for all credit
card and debit card chargebacks when a person successfully disputes a
transaction charged to the person's credit card or debit card.
Subp. 2.
Depositing
application fees.
Before the end of each working day, each agent shall deposit
an amount equal to the total of all application and reinstatement fees
collected the previous working day, excluding the filing fees collected under
Minnesota Statutes, section
171.061,
subdivision 4.
A. The agent shall make
all deposits according to the requirements in subpart
2a.
B. The amount listed for the total of all
application and reinstatement fees collected must cover any shortages for any
applications processed and stamped as paid, including any unsettled credit card
and debit card transactions.
C. The
agent shall process credit card and debit card transactions through the bank
designated by the commissioner.
D.
The agent shall authorize the designated bank to deposit the proceeds of the
credit card and debit card transactions to the agent's business or personal
bank account.
E. The agent shall
transfer an amount equal to all application and reinstatement fees collected
the previous working day that were paid for using a credit card or debit card
to the state-designated depository, or to a depository approved under subpart
2a.
Subp. 2a.
Reporting deposits to
commissioner.
On the date the deposit of fees is due, the agent shall
ensure that a financial statement of the deposits made is reported to the
commissioner according to the procedures and in a format as specified in this
part.
A. All deposits must be made in
a depository that meets the requirements in this subpart.
B. The depository must be authorized by the
agent to allow the state to electronically withdraw funds from the agent's
account in an amount equal to the application and reinstatement fees reported
to the state. This item affects only those agents that received authorization
before October 1, 2009, for automatic deposit of funds from the agent's bank
account to the state depository.
C.
Any depository used for the deposit of fees due and owed the state must either:
(1) be a state-designated depository;
or
(2) meet the depository and
collateral requirements in Minnesota Statutes, section
9.031.
D. Any funds collected on a
working day in excess of the total fees listed on the report described in
subpart
1, minus filing fees and
imprest cash, must be deposited as application or reinstatement fees.
Subp. 2b.
Reconciling
reported excesses.
If any agent documents the need for a refund of a reported
payment of excess funds, the commissioner shall refund or credit the reported
excess funds if the submitted documentation substantiates the reported
excess.
Subp. 3.
Maintaining records.
At the agent's office, the agent shall keep complete records
for deposits made to approved state depositories and the daily reports prepared
under subpart
1.
A. The records must be maintained for three
years.
B. Once an application is
received by the agent, the application and the information contained on the
application and any attached documents become the property of the state of
Minnesota and are subject to the terms of the Data Practices Act under
Minnesota Statutes, chapter 13.
C.
The application, any attached documents, and the information contained on the
application or documents may not be released by the agent without prior
approval from the commissioner, except when authorized by statute for law
enforcement personnel and by court order.
Subp. 3a.
Destroying private or
confidential data.
Use, storage, or destruction of any media with private or
confidential information must be done in such a way that the information is
irretrievable and cannot be revealed to anyone not entitled to see it.
Subp. 4.
Warning
notice.
On discovering a violation of subpart
2 or
2a, the commissioner shall
send a warning notice, by certified mail, to the agent warning of the
violation. The warning notice must identify the violation and tell the agent
that if the agent violates subpart
2 or
2a again within 180 days of
the date on the notice, a late payment charge will be imposed.
Subp. 4a.
Late payment
charge; calculation.
For each subsequent violation of subpart
2 or
2a, the commissioner shall
impose a late payment charge of $30 or an amount computed by the following
formula, whichever is greater.
A. The
number of calendar days for which payment is late begins on the date on the
late payment charge notice. The late payment notice must be issued by certified
mail and contain the information specified in subpart
5.
B. Calendar days late x delinquent amount x
daily rate = late payment charge, where:
(1)
calendar days late = actual number of calendar days each deposit is
delinquent;
(2) delinquent amount =
actual amount each deposit is delinquent; and
(3) daily rate = interest on all state funds
without authority to be invested separately, as determined by the Minnesota
Department of Management and Budget, for the month the deposit was due, divided
by 365 days.
C. In
determining the number of calendar days a deposit or report is late, weekends
and holidays shall be included only if the deposit is determined by the
commissioner to be already at least two calendar days late.
D. The commissioner shall continue to impose
monthly late payment charges until the agent no longer is in violation of this
part.
Subp. 5.
Notice of late payment charge.
The late payment charge notice must:
A. identify the violations of subparts
2 and
2a and Minnesota Statutes,
section
171.061
for which the late payment charge is imposed; and
B. inform the agent when the late payment
charge is due, how the late payment charge must be paid, and how to obtain a
review of the late payment charge.
Subp. 6.
Unpaid late payment
charges.
If a late payment charge remains unpaid for 30 days from the
date the commissioner mailed the notice of late payment charge and if no review
is requested, the commissioner shall make a claim for payment against the
agent's bond, or in the case of a public official or employee serving as an
agent, the commissioner shall demand payment from the county treasurer or
municipality.
Subp. 7.
Administrative review.
When the commissioner notifies an agent that a late payment
charge has been imposed, the agent may ask the commissioner to review the late
payment charge.
A. The agent may
request a review by submitting a statement, together with written materials
showing that the agent processed the applications in compliance with this
chapter and Minnesota Statutes, chapter 171.
B. The request for review must be submitted
within ten days from the date the notice of late payment charge was
issued.
C. The commissioner shall
review the request and notify the agent within ten days of receipt of the
request for review, whether the late payment charge will be affirmed or
rescinded.
D. An agent may withhold
the late payment charge during the review period but must pay the late payment
charge to the state depository account by the end of the working day following
notice that the late payment charge is affirmed.
E. The commissioner shall affirm the late
payment charge only if the charge was calculated correctly and the late deposit
was the result of foreseeable circumstances within the control of the
agent.
Subp. 8.
Discontinuance.
An agent who fails to comply with a late payment charge
notice is subject to discontinuance of the agent's appointment under part
7404.0800.
Statutory Authority: MS s
14.06;
14.386;
171.06;
171.061;
373.35