2006 Minnesota Statutes

17A.14 PENALTIES.
    Subdivision 1. Criminal penalties. Any person, duly licensed or otherwise, who violates this
chapter, for which violation a penalty has not been specifically set out, is guilty of a misdemeanor.
Any subsequent violation is a gross misdemeanor.
    Subd. 2. Civil penalties. (a) The commissioner, as an alternate to misdemeanor prosecution,
may impose a civil penalty on a person who violates a statute or rule enforceable by the
commissioner. For a first violation, the commissioner may impose a civil penalty of not more than
$500 for each violation. For a second or succeeding violation, the commissioner may impose a
penalty of not more than $1,000 for each violation.
(b) In determining the amount of the civil 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 violations; 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.
History: 1974 c 347 s 14; 1981 c 54 s 3; 1991 c 288 s 6