Section 18D.301 Enforcement
18D.301 ENFORCEMENT.
Subdivision 1.Enforcement required.
(a) The commissioner shall enforce this chapter and chapters 18B, 18C, and 18F.
(b) Violations of chapter 18B, 18C, or 18F or rules adopted under chapter 18B, 18C, or 18F are a violation of this chapter.
(c) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws shall take action to the extent of their authority necessary or proper for the enforcement of this chapter or special orders, standards, stipulations, and agreements of the commissioner.
Subd. 2.Commissioner's discretion.
If minor violations of this chapter, chapter 18B, 18C, or 18F occur or when the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this chapter does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution or stop-sale order.
Subd. 3.Civil actions.
Civil judicial enforcement actions may be brought by the attorney general in the name of the state on behalf of the commissioner. A county attorney may bring a civil judicial enforcement action upon the request of the commissioner and agreement by the attorney general.
Subd. 4.Injunction.
The commissioner may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter.
Subd. 5.Criminal actions.
For a criminal action, the county attorney from the county where a criminal violation occurred is responsible for prosecuting a violation of this chapter. If the county attorney refuses to prosecute, the attorney general on request of the commissioner may prosecute.
Subd. 6.Agent for service of process.
All nonresident commercial and structural pest control applicator licensees licensed as individuals must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee.
History:
1989 c 326 art 7 s 8; 1991 c 250 s 21,22