Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Imposition of civil fine by board.
The board may impose a civil fine upon any licensee for
violation of the following:
A. any
provision of Minnesota Statutes, sections
349.11 to
349.23;
B. any provision of Minnesota Statutes,
chapter 297E;
C. any rule adopted
by the board; or
D. any order
issued by the board.
The civil fine may not exceed any amount authorized in
Minnesota Statutes, chapter 349. In determining the amount of the fine to be
imposed, the board must consider the factors in part
7865.0210, subpart
2, item I.
Subp. 2. [Repealed, 35 SR 1276; 35
SR 1528]
Subp. 3.
Imposition
of proposed fine by director; payment or appeal of fine by licensee
required.
This subpart applies to a proposed fine issued by the
director.
A. The director may issue to
any licensee a proposed fine, determined according to the factors in part
7865.0210, subpart
2, item I, on a citation form
prescribed by the board.
B. Within
30 calendar days of receiving the citation, the licensee must:
(1) pay the proposed fine; or
(2) appeal the proposed fine to the board. If
the licensee decides to appeal the proposed fine, the provisions of subpart
4 apply.
C. If the licensee fails to pay or appeal the
proposed fine within 30 calendar days, the licensee may be subject to further
disciplinary action by the board.
Subp. 4.
Appeal from licensee of
proposed fine by director.
The following apply to an appeal from a licensee of a proposed
fine issued by the director under subpart
3.
A. An appeal must contain the licensee's
name, the date the citation was issued, the amount of the proposed fine, and
the reasons why the proposed fine should not be paid.
B. Upon receipt of an appeal, the director
must review any new information provided by the licensee and determine whether
the proposed fine should be rescinded or revised, or the appeal should be
referred to the compliance review group. If the director determines that the
proposed fine should not be rescinded or revised, the appeal must be referred
to the compliance review group for a hearing. Within ten days of the receipt of
an appeal, the compliance review group must schedule a hearing.
C. The licensee may be represented by counsel
and present documents and other evidence to support its position.
D. Within ten days of the hearing date, the
compliance review group must issue an order recommending to the board whether a
civil fine should be imposed. If the compliance review group determines that a
civil fine should be imposed, the order must contain a recommendation for the
amount of the fine.
E. The board
must act on the recommendation at its next regularly scheduled
meeting.
F. Within ten days of
acting on the matter, the board must issue an order including findings of fact
and conclusions of law. The order is a final agency decision.
Subp. 5.
Payment of fine
from gambling gross receipts prohibited.
A licensed organization may not use gambling gross receipts to
pay a fine imposed by the board or director and must pay a fine from a
nongambling source of funds.
Subp.
6.
Consequences of failure to correct violations.
Failure to correct the violation for which the fine was imposed
is grounds for the suspension or revocation of a license.
Statutory Authority: MS s
14.055;
349.12;
349.151;
349.154;
349.155;
349.16;
349.162;
349.163;
349.1635;
349.165;
349.166;
349.167;
349.169;
349.17;
349.1711;
349.1721;
349.173;
349.19;
349.191;
349.211
