2006 Minnesota Code
Chapters 324 - 338 Trade Regulations, Consumer Protection
Chapter 326 Employments Licensed by State
Section 326.78 DUTIES OF COMMISSIONER.

326.78 DUTIES OF COMMISSIONER.
Subdivision 1. Rulemaking. The commissioner shall adopt and begin enforcement of rules
necessary to implement sections 326.70 to 326.81. The rules adopted shall not be duplicative of
rules adopted by the commissioner of the Department of Labor and Industry. The rules shall
include rules in the following areas:
(1) application, enclosure, removal, and encapsulation procedures;
(2) license and certificate qualification requirements;
(3) examinations for obtaining a license and certificate;
(4) training necessary for individual certification;
(5) qualifications for managers of asbestos-related work projects;
(6) asbestos-related work and asbestos management activity specifications;
(7) any contractor bonding and insurance requirements deemed necessary by the
commissioner;
(8) license and certificate issuance and revocation procedures;
(9) suspension or revocation of licenses or certificates;
(10) license and certificate suspension and revocation criteria;
(11) cleanup standards;
(12) continuing education requirements; and
(13) other rules necessary to implement sections 326.70 to 326.81.
Subd. 2. Issuance of licenses and certificates. The commissioner may issue licenses to
persons and certificates to individuals who meet the criteria in sections 326.70 to 326.81 and the
commissioner's rules. Licenses shall be valid for 12 months. Certificates shall be valid for 12
months after the completion date on the approved training course diploma.
Subd. 3. Delegation. The commissioner may, in writing, delegate the inspection and
enforcement authority granted in sections 326.70 to 326.81 to other state agencies regulating
asbestos.
Subd. 4.[Repealed, 1993 c 206 s 25]
Subd. 5. Subpoenas. In matters under investigation by or pending before the commissioner
under sections 326.70 to 326.81, the commissioner may issue subpoenas and compel the
attendance of witnesses and the production of papers, books, records, documents, and other
relevant evidentiary material. A person failing or refusing to comply with the subpoena or order
may, upon application by the commissioner to the district court in any district, be ordered by the
court to comply with the order or subpoena. The commissioner may also administer oaths and
affirmations to witnesses. Depositions may be taken within or without the state in the manner
provided by law for the taking of depositions in civil actions. A subpoena or other process or
paper may be served upon any person anywhere within the state by an officer authorized to
serve subpoenas in civil actions, with the same fees and mileage costs paid, and in the manner
as prescribed by law, for process of the state district courts. Fees and mileage and other costs of
persons subpoenaed by the commissioner shall be paid in the manner prescribed for proceedings
in district court.
Subd. 6.[Repealed, 1993 c 206 s 25]
Subd. 7.[Repealed, 1993 c 206 s 25]
Subd. 8.[Repealed, 1993 c 206 s 25]
Subd. 9. Penalties. A person who violates any of the requirements of sections 326.70 to
326.81 or any requirement, rule, or order issued under those sections is subject to a civil penalty
of not more than $10,000 per day of violation. Penalties may be recovered in a civil action in the
name of the state brought by the attorney general.
History: 1987 c 303 s 9; 1989 c 282 art 2 s 183; 1990 c 594 art 3 s 16; 1993 c 303 s 15;
1994 c 465 art 3 s 70; 1995 c 165 s 14,15; 1995 c 186 s 119; 1997 c 205 s 37