2005 Minnesota Statutes - 148C.093 — Additional remedies.

     148C.093 Additional remedies. 


    Subdivision 1.    Cease and desist.  The board may issue 
 a cease and desist order to stop a person from violating or 
 threatening to violate a statute, rule, or order which the board 
 has issued or has authority to enforce.  The cease and desist 
 order must state the reason for its issuance and give notice of 
 the person's right to request a hearing under sections 14.57 to 
 14.62.  If, within 15 days of service of the order, the subject 
 of the order fails to request a hearing in writing, the order is 
 the final order of the board and is not reviewable by a court or 
 agency. 


    A hearing must be initiated by the board not later than 30 
 days from the date of the board's receipt of a written hearing 
 request.  Within 30 days of receipt of the administrative law 
 judge's report, and any written agreement or exceptions filed by 
 the parties, the board shall issue a final order modifying, 
 vacating, or making permanent the cease and desist order as the 
 facts require.  The final order remains in effect until modified 
 or vacated by the board. 


    When a request for a stay accompanies a timely hearing 
 request, the board may, in the board's discretion, grant the 
 stay.  If the board does not grant a requested stay, the board 
 shall refer the request to the Office of Administrative Hearings 
 within three working days of receipt of the request.  Within ten 
 days after receiving the request from the board, an 
 administrative law judge shall issue a recommendation to grant 
 or deny the stay.  The board shall grant or deny the stay within 
 five working days of receiving the administrative law judge's 
 recommendation. 


    In the event of noncompliance with a cease and desist 
 order, the board may institute a proceeding in district court to 
 obtain injunctive relief or other appropriate relief, including 
 a civil penalty payable to the board not exceeding $10,000 for 
 each separate violation. 


    Subd. 2.    Injunctive relief.  In addition to any other 
 remedy provided by law, including the issuance of a cease and 
 desist order under subdivision 1, the board may in the board's 
 own name bring an action in district court for injunctive relief 
 to restrain an alcohol and drug counselor from a violation or 
 threatened violation of any statute, rule, or order which the 
 board has authority to administer, enforce, or issue. 


    Subd. 3.    Additional powers.  The issuance of a cease 
 and desist order or injunctive relief granted under this section 
 does not relieve a counselor from criminal prosecution by a 
 competent authority or from disciplinary action by the board. 


    HIST: 1995 c 164 s 19; 2003 c 118 s 28; 2004 c 279 art 5 s 9