Minn. R. agency 201, ch. 4880, pt. 4880.2700 - SCHEDULE OF FINES
Subpart 1.
Penalties.
A. The office may
assess any entity, which violates any provision of Minnesota Statutes, chapter
141, an administrative penalty in an amount not to exceed $500 for each day for
each violation. For purposes of this part, an "entity" is any natural person,
board, partnership, association, corporation, or other entity, however
organized.
B. The office must
inform the entity of the alleged violation by certified mail, return receipt
requested, prior to assessing an administrative penalty. This letter must
specify the alleged violation, the steps that must be taken to correct the
violation, the penalty that will be assessed if the violation is not corrected,
and the time frame in which the corrections must occur.
C. If the entity does not respond to the
office and make the required corrections in the specified time frame, the
office will send a second certified letter, return receipt requested, and
assess the penalty.
Subp. 2.
Procedure.
The total amount of an administrative penalty that is assessed must be specified in the second letter and calculated according to this subpart.
A. The number of days
that an entity is in violation is the difference between the day on which the
entity is notified, by receipt of certified letter, of its failure to correct
the violation and the day on which the office notifies the entity that the
violation has been corrected.
B.
The total amount of an administrative penalty is the product of the number of
days that an entity is in violation multiplied by the dollar amount per day
penalty.
C. The office may assess
an administrative penalty for each violation according to these procedures
whenever one or more violations exists. Payment of the administrative penalty
shall be due no later than seven business days after the receipt of the
certified letter containing notice of assessment. The total amount of an
administrative penalty shall be calculated on the number of days that the
entity is in violation notwithstanding any appeals initiated by the entity.
Failure to pay an administrative penalty within 30 days of its due date shall
result in revocation of the license of the entity or denial of a license to an
applicant.
Subp. 3.
Penalty amounts.
The office shall, for the purposes of determining and assessing an administrative penalty, use the following classifications:
A. Class 1 violation, $500 per day:
(1) entity operating without a
license;
(2) previously licensed
school operating after expiration date of license;
(3) previously licensed school operating
multiple locations without authorization; or
(4) previously licensed school operating
without an adequate surety bond.
B. Class 2 violation by an existing school,
$250 per day:
(1) failure to adhere to the
refund policy stated in Minnesota Statutes, section
141.271, as noted in
an annual office audit report;
(2)
failure to maintain student academic and financial aid record requirements as
noted in an annual office audit report;
(3) false statement about a material fact in
application for initial or renewal license;
(4) failure to file annual financial report
within 120 days of the end of the institution's fiscal year unless such filing
is not within the control of the institution; or
(5) failure to file new or renewal
solicitor's permit application and to pay applicable fee.
C. The assessment of an administrative
penalty does not preclude the office from also revoking a school's license or
denying a license to an applicant.
Notes
Statutory Authority: MS s 136A.01
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