1998 Minnesota Statutes

     17.982 Criminal and administrative penalties. 

    Subdivision 1.    Criminal penalties.  A person who 
 violates chapter 29, 31, 31A, or 34 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.  

    HIST: 1991 c 316 s 2