Bill Text: MN HF3045 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Department of Commerce charge back authority for investigations clarified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-03 - Introduction and first reading, referred to Commerce and Regulatory Reform [HF3045 Detail]
Download: Minnesota-2011-HF3045-Introduced.html
1.2relating to commerce; clarifying the charge back authority of the Department of
1.3Commerce for certain investigations;amending Minnesota Statutes 2010, section
1.445.027, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 45.027, subdivision 1, is amended to read:
1.7 Subdivision 1. General powers. In connection with the duties and responsibilities
1.8entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner
1.9of commerce may:
1.10(1) make public or private investigations within or without this state as the
1.11commissioner considers necessary to determine whether any person has violated or is
1.12about to violate any law, rule, or order related to the duties and responsibilities entrusted
1.13to the commissioner;
1.14(2) require or permit any person to file a statement in writing, under oath or otherwise
1.15as the commissioner determines, as to all the facts and circumstances concerning the
1.16matter being investigated;
1.17(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the
1.18duties and responsibilities entrusted to the commissioner;
1.19(4) conduct investigations and hold hearings for the purpose of compiling
1.20information related to the duties and responsibilities entrusted to the commissioner;
1.21(5) examine the books, accounts, records, and files of every licensee, and of every
1.22person who is engaged in any activity regulated; the commissioner or a designated
1.23representative shall have free access during normal business hours to the offices and
2.1places of business of the person, and to all books, accounts, papers, records, files, safes,
2.2and vaults maintained in the place of business;
2.3(6) publish information which is contained in any order issued by the commissioner;
2.4(7) require any person subject to duties and responsibilities entrusted to the
2.5commissioner, to report all sales or transactions that are regulated. The reports must
2.6be made within ten days after the commissioner has ordered the report. The report is
2.7accessible only to the respondent and other governmental agencies unless otherwise
2.8ordered by a court of competent jurisdiction; and
2.9(8) assess a natural person or entity subject to the jurisdiction of the commissioner
2.10the necessary expenses of the investigation performed by the department when an
2.11investigation is made by order of the commissioner. The cost of the investigation shall
2.12be determined by the commissioner and is based on the salary cost of investigators or
2.13assistants and at an average rate per day or fraction thereof so as to provide for the total
2.14cost of the investigation. All money collected must be deposited into the general fund.
2.15A natural person or entity licensed under chapter 60K or 82 shall not be charged costs
2.16of an investigation if the investigation results in no finding of a violation. This clause
2.17does not apply to a natural person or entity already subject to the assessment provisions
2.18of sections60A.03 and
60A.031 .
1.3Commerce for certain investigations;amending Minnesota Statutes 2010, section
1.445.027, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 45.027, subdivision 1, is amended to read:
1.7 Subdivision 1. General powers. In connection with the duties and responsibilities
1.8entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner
1.9of commerce may:
1.10(1) make public or private investigations within or without this state as the
1.11commissioner considers necessary to determine whether any person has violated or is
1.12about to violate any law, rule, or order related to the duties and responsibilities entrusted
1.13to the commissioner;
1.14(2) require or permit any person to file a statement in writing, under oath or otherwise
1.15as the commissioner determines, as to all the facts and circumstances concerning the
1.16matter being investigated;
1.17(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the
1.18duties and responsibilities entrusted to the commissioner;
1.19(4) conduct investigations and hold hearings for the purpose of compiling
1.20information related to the duties and responsibilities entrusted to the commissioner;
1.21(5) examine the books, accounts, records, and files of every licensee, and of every
1.22person who is engaged in any activity regulated; the commissioner or a designated
1.23representative shall have free access during normal business hours to the offices and
2.1places of business of the person, and to all books, accounts, papers, records, files, safes,
2.2and vaults maintained in the place of business;
2.3(6) publish information which is contained in any order issued by the commissioner;
2.4(7) require any person subject to duties and responsibilities entrusted to the
2.5commissioner, to report all sales or transactions that are regulated. The reports must
2.6be made within ten days after the commissioner has ordered the report. The report is
2.7accessible only to the respondent and other governmental agencies unless otherwise
2.8ordered by a court of competent jurisdiction; and
2.9(8) assess a natural person or entity subject to the jurisdiction of the commissioner
2.10the necessary expenses of the investigation performed by the department when an
2.11investigation is made by order of the commissioner. The cost of the investigation shall
2.12be determined by the commissioner and is based on the salary cost of investigators or
2.13assistants and at an average rate per day or fraction thereof so as to provide for the total
2.14cost of the investigation. All money collected must be deposited into the general fund.
2.15A natural person or entity licensed under chapter 60K or 82 shall not be charged costs
2.16of an investigation if the investigation results in no finding of a violation. This clause
2.17does not apply to a natural person or entity already subject to the assessment provisions
2.18of sections
