2005 Minnesota Statutes - 149A.04 — Enforcement.

     149A.04 Enforcement. 


    Subdivision 1.    General authority.  The provisions of 
 this chapter and all laws, now in force or later enacted, rules, 
 orders, stipulation agreements, settlements, compliance 
 agreements, licenses, and permits adopted or issued for the 
 regulation of the removal, preparation, transportation, 
 arrangements for disposition, or final disposition of dead human 
 bodies or for the regulation of the practice of mortuary science 
 may be enforced under this section. 


    Subd. 2.    Inspections.  The regulatory agency or a 
 designee of the regulatory agency shall conduct initial 
 licensure inspections and corrective order reinspections.  As a 
 condition of continued licensure, compliance reviews or premises 
 inspections of licensees shall be conducted by the regulatory 
 agency or a designee of the regulatory agency at least 
 biennially.  A compliance review or an inspection of the 
 premises of any person subject to regulation under this chapter 
 may also be conducted when the regulatory agency reasonably 
 suspects that there may be a violation or a threat of a 
 violation of any law now in force or later enacted, rule, order, 
 stipulation agreement, settlement, compliance agreement, 
 license, or permit issued by the regulatory agency.  When 
 possible, all inspections and compliance reviews shall be 
 conducted without prior notice to the subject of the inspection 
 or review and shall be performed in the presence of the subject 
 of the inspection or review or an authorized representative of 
 the subject of the inspection or review. 


    Subd. 3.    Access to information and property.  The 
 regulatory agency or a designee of the regulatory agency, upon 
 presentation of credentials, may: 


    (1) examine and copy any relevant books, papers, records, 
 memoranda, or data of any person subject to regulation under 
 this chapter; and 


    (2) enter upon any property, public or private, for the 
 purpose of taking any action authorized under this chapter or 
 rules, orders, stipulation agreements, settlements, compliance 
 agreements, licenses, or permits adopted or issued by the 
 regulatory agency, including obtaining information from a person 
 that has a duty to provide information under this chapter or 
 conducting inspections or investigations. 


    Subd. 4.    Subpoena power.  The regulatory agency may, 
 as part of an investigation, issue subpoenas to require the 
 attendance and testimony of witnesses and production of books, 
 records, correspondence, and other information relevant to any 
 matter involved in the investigation.  The regulatory agency or 
 the regulatory agency's designee may administer oaths to 
 witnesses or take their affirmation.  The subpoenas may be 
 served upon any person named therein anywhere in the state by 
 any person authorized to serve subpoenas or other processes in 
 civil actions of the district courts.  If a person to whom a 
 subpoena is issued does not comply with the subpoena, the 
 regulatory agency may apply to the district court in any 
 district and the court may order compliance with the subpoena.  
 Failure to obey the order of the court may be punished as 
 contempt of court. 


    Subd. 5.    Data on investigations and disciplinary 
 actions.  Data relating to any disciplinary measures or 
 actions anticipated or taken by the regulatory agency are 
 classified as follows: 


    (1) data on persons other than individuals are civil 
 investigative data under section 13.39; 


    (2) data on individuals are licensing data under section 
 13.41; and 


    (3) data on individuals who submit complaints to the 
 regulatory agency regarding activities or practices regulated 
 under this chapter are confidential data on individuals while an 
 investigation is active and private data on individuals when an 
 investigation becomes inactive.  


    Subd. 6.    Cooperation with other authorities.  The 
 regulatory agency shall encourage and promote cooperation 
 between and among other state and federal authorities where 
 there is concurrent or overlapping enforcement or licensing 
 jurisdiction. 


    HIST: 1997 c 215 s 8; 2001 c 171 s 13