An agency may not, under authority of rule, levy a total fine or penalty of more than $700 for a single violation unless the agency has specific statutory authority to levy a fine in excess of that amount. An agency may not, by rule, establish a criminal penalty unless the agency has specific statutory authority to do so. (a) If a statute or rule gives an agency discretion over the amount of a fine, the agency must take the following factors into account in determining the amount of the fine: (1) the willfulness of the violation; (2) the gravity of the violation, including damage to humans, animals, and the natural resources of the state; (3) the history of past violations; (4) the number of violations; (5) the economic benefit gained by the person by allowing or committing the violation; and (6) other factors that justice may require. (b) For a violation after an initial violation, the following factors must be considered in addition to the factors in paragraph (a): (1) similarity of previous violations to the current violation to be penalized; (2) time elapsed since the last violation; (3) number of previous violations; and (4) response of the person to the most recent previous violation identified. This section does not affect the right of an agency to deny a permit, revoke a license, or take similar action, other than the imposition of a fine, even if the cost of the denial, revocation, or other action to the affected party exceeds $700. Subdivisions 1, 2, and 4 apply only to fines and penalties imposed under rules for which notice of intent to adopt rules is published after July 1, 1996.
‹ Prev All Minnesota sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.