piers109uk/MN-Statutes huggingface dataset:
325H.085 USE BY MINORS PROHIBITED.
A person under age 18 may not use any type of tanning equipment as defined by section 325H.01, subdivision 6, available in a tanning facility in this state.
325F.172 DEFINITIONS.
For the purposes of sections 325F.172 to 325F.173, the following terms have the meanings given them.
"Child" means a person under three years of age.
"Children's product" means an empty bottle or cup to be filled with food or liquid that is designed or intended by a manufacturer to be used by a child.
Sections 325F.173 to 325F.175 may be enforced as provided under sections 45.027, subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16.
327A.08 LIMITATIONS.
Notwithstanding any other provision of sections 327A.01 to 327A.08:
(a) the terms of the home improvement warranties required by sections 327A.01 to 327A.08 commence upon completion of the home improvement and the term shall not be required to be renewed or extended if the home improvement contractor performs additional improvements required by warranty;
(b) the home improvement warranties required by sections 327A.01 to 327A.08 shall not include products or materials installed that are already covered by implied or written warranty; and
(c) the warranties required by sections 327A.01 to 327A.08 must be set forth as written warranty instruments and must be included as part of the construction contract. The warranties and the exclusions under section 327A.03, the right to inspect and offer to repair under section 327A.02, subdivisions 4 and 5, and the home warranty dispute resolution process under section 327A.051 must be conveyed in writing to the owner. Failure to comply with this paragraph is a violation of section 326B.84.
(d) If the warranties required by sections 327A.01 to 327A.08 are not provided to the owner in writing as required by paragraph (c), they are implied statutory warranties that have the same effect as if the vendor or home improvement contractor had complied with paragraph (c).
(e) The owner's right under this section to receive the written warranty required under this section may not be waived or modified by contract or otherwise. Any agreement that purports to waive or modify the right to the written warranty required under this section is void.
(f) This section does not limit the ability of the vendor or home improvement contractor and the owner to enter into the agreements permitted under section 327A.04, subdivisions 2 and 3.
325M.09 APPLICATION.
Sections 325M.01 to 325M.09 apply to Internet service providers in the provision of services to consumers in this state.
326B.084 FALSE INFORMATION; UNLICENSED ADVERTISING.
A person subject to any of the requirements in the applicable law may not make a false material statement, representation, or certification in; omit material information from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, or other document required under the applicable law.
No person shall offer to perform services for which a license issued by the commissioner is required unless the person holds an active license to perform those services. Nothing in this subdivision prohibits an offer to sell, repair, or perform services provided those services are performed by a licensed person.
325J.09 REDEMPTION; RISK OF LOSS.
Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action.
325N.09 LIABILITY.
(a) Any provision in a contract which attempts or purports to require arbitration of any dispute arising under sections 325N.01 to 325N.09 is void at the option of the owner.
(b) This section applies to any contract entered into on or after August 1, 2004.
326A.09 REINSTATEMENT.
The board may reinstate a suspended, revoked, expired, or surrendered certificate, registration, or permit or suspended, revoked, expired, or surrendered practice privileges upon petition of the person or firm holding or formerly holding the registration, permit, or certificate, or practice privileges. The board may, in its sole discretion, require that the person or firm submit to the board evidence of having obtained up to 120 hours of continuing professional education credits that would have been required had the person or firm held a registration, certificate, permit, or practice privileges continuously. The board may, in its sole discretion, place any other conditions upon reinstatement of a suspended, revoked, expired, or surrendered certificate, permit, registration, or of practice privileges that it finds appropriate and necessary to ensure that the purposes of this chapter are met. No suspended certificate, registration, permit, or practice privileges may be reinstated until the former holder, or person with practice privileges has completed one-half of the suspension.
326.09 RECORDS OF BOARD.
The board shall keep a record of its proceedings and a register of all applicants for licensing, showing for each the date of application, name, age, educational and other qualifications, place of business, and the place of residence, whether or not an examination was required and whether the applicant was rejected or a license granted, and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded therein. A roster showing the names and places of business or of residence of all licensed architects, engineers, land surveyors, landscape architects, geoscientists, and certified interior designers shall be prepared annually. Rosters may be printed out of the funds of the board.
325K.08 DANGEROUS ACTIVITIES BY CERTIFICATION AUTHORITY PROHIBITED.
No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository.
In the manner provided by the Administrative Procedure Act, chapter 14, the secretary may issue orders and obtain injunctions or other civil relief to prevent or restrain a certification authority from violating this section, regardless of whether the certification authority is licensed. This section does not create a right of action in a person other than the secretary.
325L.10 EFFECT OF CHANGE OR ERROR.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) if the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2) in an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(i) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(ii) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(iii) has not used or received any benefit or value from the consideration, if any, received from the other person;
(3) if neither clause (1) nor clause (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;
(4) clauses (2) and (3) may not be varied by agreement.
325N.10 DEFINITIONS.
For the purposes of sections 325N.10 to 325N.18, the terms defined in this section have the meanings given them.
"Owner" has the meaning given in section 325N.01, paragraph (g).
"Property reconveyance" has the meaning given in section 325N.01, paragraph (c).
"Equity purchaser" means a person that has acted as the acquirer in a property reconveyance. Equity purchaser also includes a person that has acted in joint venture or joint enterprise with one or more acquirers in a property reconveyance. An equity purchaser does not include: (i) a natural person who shows that the natural person is not in the business of equity purchasing and has a prior personal relationship with the homeowner of the covered residence, unless a showing of fraud under section 325F.69, subdivision 1, has been made, or (ii) a federal or state chartered bank, savings bank, thrift, or credit union.
"Resale" means a bona fide market sale of the property subject to the property reconveyance by the equity purchaser to an unaffiliated third party.
"Resale price" means the gross sale price of the property on resale.
"Covered residence" has the meaning given in section 325N.01, paragraph (f).
325M.10 CITATION.
Sections 325M.10 to 325M.21 may be cited as the "Minnesota Consumer Data Privacy Act."
327B.07 RESPONSIBILITY OF DEALERS.
Each dealer is responsible for the activities of any person employed by or acting on behalf of that dealer when the activities occur in connection with the sale or attempted sale of a manufactured home. Each corporation licensed as a dealer is responsible for the activities of any person employed by or acting on behalf of the corporation when such activities occur in connection with the sale or attempted sale of a manufactured home.
Every dealer shall report in writing to the commissioner the full name, date of birth, business and home address of every salesperson employed by the dealer. Within ten days of hiring, firing or otherwise changing the employment status of a salesperson, the dealer shall notify the commissioner in writing. No salesperson shall work for more than one dealer during the same time period.
325F.173 BISPHENOL-A IN CERTAIN CHILDREN'S PRODUCTS.
(a) By January 1, 2010, no manufacturer or wholesaler may sell or offer for sale in this state a children's product that contains bisphenol-A.
(b) This section does not apply to sale of a used children's product.
(c) By January 1, 2011, no retailer may sell or offer for sale in this state a children's product that contains bisphenol-A.
325G.208 MANUFACTURER'S DUTY TO PROVIDE REIMBURSEMENT FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES; PENALTIES.
Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive device or a rental assistive device reimbursement to pay for the cost incurred by the consumer for renting a replacement assistive device. The applicable conditions are as follows:
(1) the repair period exceeds ten working days, including the day on which the device is tendered to the dealer for repair; or
(2) the defect, malfunction, or nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.
This section applies for the period of the manufacturer's express warranty.
327C.08 REMOVAL AFTER REPOSSESSION.
A secured party who repossesses a manufactured home located in a park and then removes the home from the lot owes the park owner rent for the period beginning when the secured party accepts voluntary repossession or takes an action pursuant to sections 327.61 to 327.67 and ending on the last day of the calendar month in which the home is removed. The secured party does not owe the park owner any lot rent or other charges which accrued prior to the time the secured party accepted voluntary repossession or took action pursuant to sections 327.61 to 327.67, if:
(1) within seven days after accepting voluntary repossession or taking action pursuant to sections 327.61 to 327.67, the secured party notifies the park owner in writing that the home is being repossessed;
(2) during a proceeding for repossession pursuant to sections 327.61 to 327.67 or chapter 565, the secured party pays each month's lot rent as the rent becomes due; and
(3) within seven days of accepting voluntary repossession or obtaining a court order for repossession, the secured party removes the home from the park.
If the secured party fails to meet any of these conditions, the secured party shall also be liable to the park owner for all overdue rent, not to exceed three months and not including late fees or other charges, owed to the park owner on account of the home.
This section does not affect any liability or obligation which a secured party may have to a park owner who pursuant to a writ of recovery has removed a home from a lot and stored the home.
325K.09 GENERAL REQUIREMENTS FOR CERTIFICATION AUTHORITIES.
A licensed certification authority or subscriber may use only a trustworthy system:
(1) to issue, suspend, or revoke a certificate;
(2) to publish or give notice of the issuance, suspension, or revocation of a certificate; or
(3) to create a private key.
A licensed certification authority shall disclose any material certification practice statement and disclose any fact material to either the reliability of a certificate that it has issued or its ability to perform its services. A certification authority may require a signed, written, and reasonably specific inquiry from an identified person and payment of reasonable compensation as conditions precedent to effecting a disclosure required in this subdivision.
A recipient who accepts a digital signature when the certificate was issued by a licensed certification authority becomes a party to and accepts all of the terms and conditions of the licensed certification authority's certification practice statement.
325H.09 PENALTY.
Any person who leases tanning equipment or who owns a tanning facility and who operates or permits the equipment or facility to be operated in noncompliance with the requirements of sections 325H.01 to 325H.085 is guilty of a petty misdemeanor.
325F.174 BISPHENOL-A IN CHILDREN'S FOOD CONTAINERS.
(a) Beginning August 1, 2014, no manufacturer or wholesaler may knowingly sell or offer for sale in this state infant formula, baby food, or toddler food stored in a container that contains intentionally added bisphenol-A.
(b) Beginning August 1, 2015, no retailer may knowingly sell or offer for sale in this state infant formula, baby food, or toddler food stored in a container that contains intentionally added bisphenol-A.
For purposes of this section, the following terms have the meanings given.
(a) "Baby food" means a prepared solid food consisting of a soft paste or an easily chewed food that is primarily intended for consumption by children two years of age or younger and is commercially available.
(b) "Container" means a receptacle, box, can, or jar, including a lid, that is in direct physical contact with a children's food.
(c) "Infant formula" means a liquid or powder that purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
(d) "Toddler food" means any food or beverage, other than baby food or infant formula, that is primarily intended for consumption by children under three years of age. For purposes of this section, toddler food in can containers is not included in this definition.
325J.095 MOTOR VEHICLE TITLE PAWN TRANSACTIONS; SPECIAL PROVISIONS.
(a) In addition to the other requirements of this chapter, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall:
(1) be licensed as a used motor vehicle dealer under section 168.27, and post such license on the pawnshop premises;
(2) verify that there are no liens or encumbrances against the motor vehicle with the Department of Public Safety; and
(3) verify that the pledgor has automobile insurance on the motor vehicle as required by law.
(b) A pawnbroker may not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle.
325L.11 NOTARIZATION AND ACKNOWLEDGMENT.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
325G.29 CITATION.
Sections 325G.29 to 325G.36 may be cited as the "Plain Language Contract Act."
325H.10 LOCAL ORDINANCE AUTHORIZATION.
Sections 325H.01 to 325H.09 do not preempt a local ordinance which provides for more restrictive regulation of tanning facilities than required in sections 325H.01 to 325H.09.
326B.085 RECOVERY OF LITIGATION COSTS AND EXPENSES.
In any action brought by the commissioner for enforcement of an order issued under section 326B.082 for injunctive relief, or to compel performance pursuant to the applicable law, if the state finally prevails, the state, in addition to other penalties provided by law, may be allowed an amount determined by the court to be the reasonable value of all or part of the litigation expenses incurred by the state. In determining the amount of the litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.
325N.11 CONTRACT REQUIREMENT; FORM AND LANGUAGE.
An equity purchaser shall enter into every property reconveyance in the form of a written contract. Every contract must be written in letters of a size equal to at least 12-point boldface type, in the same language principally used by the equity purchaser and owner to negotiate the sale of the covered residence and must be fully completed and signed and dated by the owner and equity purchaser before the execution of any instrument of conveyance of the covered residence.
325L.12 RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with paragraph (a) does not apply to any information whose sole purpose is to enable the record to be sent, communicated, or received.
(c) A person may satisfy paragraph (a) by using the services of another person if the requirements of that paragraph are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with paragraph (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with paragraph (a).
(f) A record retained as an electronic record in accordance with paragraph (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after August 1, 2000, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. Records of a government agency are subject to sections 15.17 and 138.17.
325G.30 DEFINITIONS.
As used in sections 325G.30 to 325G.36, the terms defined in this section have the meanings given them.
"Consumer" means any individual who, primarily for personal, family or household purposes: (1) gives consideration for an interest in any services or personal property, including money; (2) transfers or authorizes a security interest on any personal property; or (3) leases residential premises for a term not exceeding three years.
"Consumer contract" means any written contract with a consumer except: (1) a contract where the price, excluding interest or finance charges, is more than $50,000; (2) a contract through which a consumer mortgages an interest in realty or obtains money or credit to be used to purchase or refinance an interest in realty; (3) a contract in which the sale of personal property is merely incidental to the sale of an interest in realty; (4) a written agreement involving a transaction in securities with a broker-dealer or investment advisor registered with the Securities and Exchange Commission; or (5) a transaction in commodities with a futures commission merchant registered with the Commodities Futures Trading Commission.
326A.11 SINGLE ACT EVIDENCE OF PRACTICE.
In any action brought under section 326A.08, evidence of the commission of a single act prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct.
325F.175 BISPHENOL-A REPLACEMENT CHEMICALS.
Beginning August 1, 2014, a manufacturer shall not replace a chemical the use of which is prohibited in section 325F.174 with a chemical known to the manufacturer to have been identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to:
(1) harm the normal development of a fetus or child or cause other developmental toxicity;
(2) cause cancer, genetic damage, or reproductive harm;
(3) disrupt the endocrine or hormone system; or
(4) damage the nervous system, immune system, or organs, or cause other systemic toxicity.
326.105 FEES.
The fee for licensure or renewal of licensure as an architect, professional engineer, land surveyor, landscape architect, or geoscience professional is $120 per biennium. The fee for certification as a certified interior designer or for renewal of the certificate is $120 per biennium. The fee for an architect applying for original certification as a certified interior designer is $50 per biennium. The initial license or certification fee for all professions is $120. The renewal fee shall be paid biennially on or before June 30 of each even-numbered year. The renewal fee, when paid by mail, is not timely paid unless it is postmarked on or before June 30 of each even-numbered year. The application fee is $25 for in-training applicants and $75 for professional license applicants.
327.10 LODGING ESTABLISHMENT OPERATOR, DUTIES.
Every person operating within this state a recreational camping area, lodging house, hotel or motel, or resort furnishing sleeping or overnight stopping accommodations for transient guests, shall provide and keep thereat a suitable guest register for the registration of all guests provided with sleeping accommodations or other overnight stopping accommodations thereat; and every such guest shall be registered therein. Upon the arrival of every such guest, the operator of the establishment shall require the guest to enter in such register, or enter for the guest therein, in separate columns provided in such register, the name and home address of the guest and every person, if any, with the guest as a member of the party; and if traveling by motor vehicle, the make of such vehicle, registration number, and other identifying letters or characters appearing on the official number plate carried thereon, including the name of the state issuing such official plate. Such registration shall be kept in an accurate and orderly manner and retained for one year so that the same will be always accessible for inspection by the proper authorities.
326B.091 DEFINITIONS.
For purposes of sections 326B.091 to 326B.099, the terms defined in this section have the meanings given them.
"Applicant" means a person who has submitted to the department an application for an initial or renewal license.
"Appropriate and related knowledge" means facts, information, or principles that are clearly relevant to the licensee's responsibilities under a license issued by the commissioner. These facts, information, or principles must convey substantive and procedural knowledge as it relates to postlicensing issues and must be relevant to the technical aspects of a regulated industry.
"Classroom hour" means 50 minutes of educational content.
"Instructor" means an individual lecturing in an approved educational offering.
"License" means any registration, certification, or other form of approval authorized by this chapter 326B and chapter 327B to be issued by the commissioner or department as a condition of doing business or conducting a trade, profession, or occupation in Minnesota. License includes specifically but not exclusively an authorization issued by the commissioner or department: to perform electrical work, plumbing or water conditioning work, high pressure piping work, or residential building work of a residential contractor, residential remodeler, or residential roofer; to install manufactured housing; to serve as a building official; or to operate a boiler or boat.
"Licensee" means the person named on the license as the person authorized to do business or conduct the trade, profession, or occupation in Minnesota.
"Medical hardship" means a documented physical disability or medical condition.
"Notification date" means the date of the written notification from the department to an applicant that the applicant is qualified to take the examination required for licensure.
"Overpayment" means any payment of money in excess of a statutory fee.
"Qualifying individual" means the individual responsible for obtaining continuing education on behalf of a residential building contractor, residential remodeler, or residential roofer licensed pursuant to sections 326B.801 to 326B.885.
"Regulated industry" means any business, trade, profession, or occupation that requires a license issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
[Repealed, 2015 c 54 art 5 s 16]
"Sponsor" means any person or entity offering or providing approved continuing education.
325N.12 CONTRACT TERMS.
Every contract required by section 325N.11 must contain the entire agreement of the parties and must include the following terms:
(1) the name, business address, and the telephone number of the equity purchaser;
(2) the address of the covered residence;
(3) the total consideration to be given by the equity purchaser in connection with or incident to the sale;
(4) a complete description of the terms of payment or other consideration including, but not limited to, any services of any nature that the equity purchaser represents he or she will perform for the owner before or after the sale;
(5) the time at which possession is to be transferred to the equity purchaser;
(6) a complete description of the terms of any related agreement designed to allow the owner to remain in the home, such as a rental agreement, repurchase agreement, contract for deed, or lease with option to buy;
(7) a notice of cancellation as provided in section 325N.14, paragraph (b); and
(8) the following notice in at least 14-point boldface type, if the contract is printed or in capital letters if the contract is typed, and completed with the name of the equity purchaser, immediately above the statement required by section 325N.14, paragraph (a):
"NOTICE REQUIRED BY MINNESOTA LAW
Until your right to cancel this contract has ended, ....... (Name) or anyone working for ....... (Name) CANNOT ask you to sign or have you sign any deed or any other document."
The contract required by this section survives delivery of any instrument of conveyance of the covered residence, and has no effect on persons other than the parties to the contract.
325K.11 WARRANTIES AND OBLIGATIONS UPON ISSUANCE OF CERTIFICATE.
By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that:
(1) the certificate contains no information known to the certification authority to be false;
(2) the certificate satisfies all material requirements of this chapter; and
(3) the certification authority has not exceeded any limits of its license in issuing the certificate.
The certification authority may not disclaim or limit the warranties of this subdivision.
Unless the subscriber and certification authority otherwise agree, a certification authority, by issuing a certificate, promises to the subscriber:
(1) to act promptly to suspend or revoke a certificate in accordance with section 325K.14 or 325K.15; and
(2) to notify the subscriber within a reasonable time of any facts known to the certification authority that significantly affect the validity or reliability of the certificate once it is issued.
By issuing a certificate, a licensed certification authority certifies to all who reasonably rely on the information contained in the certificate that:
(1) the information in the certificate and listed as confirmed by the certification authority is accurate;
(2) all information foreseeably material to the reliability of the certificate is stated or incorporated by reference within the certificate;
(3) the subscriber has accepted the certificate; and
(4) the licensed certification authority has complied with all applicable laws of this state governing issuance of the certificate.
By publishing a certificate, a licensed certification authority certifies to the repository in which the certificate is published and to all who reasonably rely on the information contained in the certificate that the certification authority has issued the certificate to the subscriber.
327B.095 INTEREST, POINTS, FINANCE CHARGES, FEES, AND OTHER CHARGES.
(a) A manufactured home lender making or modifying a manufactured home loan to a borrower located in this state must not include in the principal amount of any loan, all or any portion of any lender fee in an aggregate amount exceeding:
(1) five percent of the loan amount for loans over $60,000;
(2) six percent of the loan amount for loans less than $60,000, but greater than or equal to $40,000; or
(3) eight percent of the loan amount for loans of less than $40,000.
(b) "Lender fee" means interest, origination points, finance charges, fees, and other charges payable in connection with the manufactured home loan:
(1) by the borrower to any manufactured home lender or broker or to any assignee of any manufactured home lender or broker; or
(2) by the lender to a broker.
(c) Lender fee does not include discount points, provided there is a concomitant benefit to the borrower, recording fees, taxes, passthroughs, or other amounts that are paid by any person to any government entity, filing office, or other third party that is not a manufactured home lender or broker or to any assignee of any manufactured home lender or broker. Lender fee also does not include any amount that is set aside to pay taxes or insurance on any property securing the manufactured home loan.
(d) "Loan amount" means:
(1) for a line of credit, the maximum principal amount of the line of credit; and
(2) for any other manufactured home loan, the principal amount of the loan, excluding all interest, points, finance charges, fees, and other charges.
(e) A manufactured home lender or broker shall not charge, receive, or collect any excess financed interest, points, finance charges, fees, or other charges described in this subdivision, or any interest, points, finance charges, fees, or other charges with respect to this excess.
No manufactured home loan may contain a provision requiring or permitting the imposition of a penalty, fee, premium, or other charge in the event the manufactured home loan is prepaid in whole or in part unless the penalty, fee, premium, or other charge constitutes consideration for an equal or greater benefit to the borrower.
This section does not apply to a manufactured home loan originated by a federal or state chartered bank, savings bank, credit union, or a licensed sales finance company as defined under section 53C.01, subdivision 12.
325L.13 ADMISSIBILITY IN EVIDENCE.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
325J.11 VIOLATION.
A violation of this chapter by a pawnbroker or pledgor is a misdemeanor.
326A.12 CONFIDENTIAL COMMUNICATIONS.
(a) Except by permission of the client for whom a licensee performs services or the heirs, successors, or personal representatives of the client, a licensee shall not voluntarily disclose information communicated to the licensee by the client relating to and in connection with services rendered to the client by the licensee. Nothing in this section may be construed to prohibit:
(1) the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements; or
(2) disclosures in court proceedings, in investigations or proceedings under section 326A.08, in ethical investigations conducted by private professional organizations, in the course of peer reviews, to other persons active in the organization performing services for that client on a need-to-know basis, or to persons in the entity who need this information for the sole purpose of assuring quality control.
(b) This section also applies to persons registered under section 326A.06, paragraph (b), and to persons granted a practice privilege under section 326A.14.
325G.31 PLAIN LANGUAGE REQUIRED.
Except as provided in section 325G.32, every consumer contract shall be written in a clear and coherent manner using words with common and everyday meanings and shall be appropriately divided and captioned by its various sections.
325F.176 DEFINITIONS.
(a) For the purposes of sections 325F.176 to 325F.178, the following terms have the meanings given them.
(b) "Child" means a person under eight years of age.
(c) "Children's product" means a product primarily designed or intended by a manufacturer to be physically applied to or introduced into a child's body, including any article used as a component of such a product and excluding a food, beverage, dietary supplement, pharmaceutical product or biologic, children's toys that are covered by the ASTM International F963 standard for Toy Safety, or a medical device as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h), as amended through February 15, 2013.
(d) "Intentionally added chemical" means a chemical in a product that serves an intended function in the product.
327.11 GUEST, REGISTRATION.
Every person, upon arriving at any lodging house, recreational camping area, hotel or motel or other resort described in sections 327.10 to 327.13 and applying for guest accommodations therein of the character described in section 327.10, shall furnish to the operator or other attendant in charge of the establishment the registration information necessary to complete the registration in accordance with the requirements of section 327.10, and shall not be provided with accommodations unless and until such information shall be so furnished.
325N.13 CONTRACT CANCELLATION.
(a) In addition to any other right of rescission, the owner has the right to cancel any contract with an equity purchaser until midnight of the fifth business day following the day on which the owner signs a contract that complies with sections 325N.10 to 325N.15 or until 8:00 a.m. on the last day of the period during which the owner has a right of redemption, whichever occurs first.
(b) Cancellation occurs when the owner delivers, by any means, written notice of cancellation, provided that, at a minimum, the contract and the notice of cancellation must contain a physical address to which notice of cancellation may be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An email address may be provided in addition to the physical address. If cancellation is mailed, delivery is effective upon mailing. If emailed, cancellation is effective upon transmission.
(c) A notice of cancellation given by the owner need not take the particular form as provided with the contract.
(d) Within ten days following receipt of a notice of cancellation given in accordance with this section, the equity purchaser shall return without condition any original contract and any other documents signed by the owner.
325K.12 REPRESENTATIONS AND DUTIES UPON ACCEPTING CERTIFICATE.
By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the information contained in the certificate that:
(1) the subscriber rightfully holds the private key corresponding to the public key listed in the certificate;
(2) all representations made by the subscriber to the certification authority and material to the information listed in the certificate are true; and
(3) all material representations made by the subscriber to a certification authority or made in the certificate and not confirmed by the certification authority in issuing the certificate are true.
By requesting on behalf of a principal the issuance of a certificate naming the principal as subscriber, the requesting person certifies in that person's own right to all who reasonably rely on the information contained in the certificate that the requesting person:
(1) holds all authority legally required to apply for issuance of a certificate naming the principal as subscriber; and
(2) has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the bounds of the person's authority.
No person may disclaim or contractually limit the application of this section, nor obtain indemnity for its effects, if the disclaimer, limitation, or indemnity restricts liability for misrepresentation as against persons reasonably relying on the certificate.
By accepting a certificate, a subscriber undertakes to indemnify the issuing certification authority for loss or damage caused by issuance or publication of a certificate in reliance on:
(1) a false and material representation of fact by the subscriber; or
(2) the failure by the subscriber to disclose a material fact if the representation or failure to disclose was made either with intent to deceive the certification authority or a person relying on the certificate, or with gross negligence. The indemnity provided in this section may not be disclaimed or contractually limited in scope. However, a contract may provide consistent, additional terms regarding the indemnification.
In obtaining information of the subscriber material to issuance of a certificate, the certification authority may require the subscriber to certify the accuracy of relevant information under oath or affirmation of truthfulness and under penalty of perjury.
325J.12 TRANSITION.
(a) Pawnbrokers that are in business when a municipality adopts an ordinance under this chapter must apply for a license and pay the required fee within six months of adoption of the ordinance.
(b) A county that has adopted an ordinance under Minnesota Statutes 1994, sections 471.924 to 471.927, must conform the ordinance to this chapter by August 1, 1997. Pawnbrokers that are in business when a municipality adopts a new ordinance under this chapter must apply for a license and pay the required fee within six months of the adoption of the new ordinance.
325L.14 AUTOMATED TRANSACTIONS.
In an automated transaction, the following rules apply:
(1) a contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2) a contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance;
(3) the terms of the contract are determined by the substantive law applicable to it.
326.106 DEFINITIONS.
The terms used in section 326.107 have the meanings given them in this section.
"Biennial renewal" means a period of time consisting of two consecutive 12-month periods ending on June 30 of each even-numbered year.
"Dual license or certificate holder" means a person who is licensed or certified in two professions regulated by the board.
"Professional development hours" means contact hours consisting of not less than 50 minutes each of instruction or presentation meeting the requirements of section 326.107.
327.12 REGISTRATION RECORDS, INSPECTION.
The registration records provided for in sections 327.10 to 327.13 shall be open to the inspection of all law enforcement officers of the state and its subdivisions.
327C.096 NOTICE OF SALE.
When a park owner offers to sell a manufactured home park to the public through advertising in a newspaper or by listing the park with a real estate broker licensed by the Department of Commerce, the owner must provide concurrent written notice to each resident household in the park that the park is being offered for sale. Written notice provided once within a one-year period satisfies the requirement under this section. The notice provided by the park owner to each resident household does not grant any property rights in the park and is for informational purposes only. This section does not apply in the case of a taking by eminent domain, a transfer by a corporation to an affiliate, a transfer by a partnership to one or more of its partners, or a sale or transfer to a person who would be an heir of the owner if the owner were to die intestate.
325G.32 EXCEPTIONS.
Section 325G.31 does not apply to any consumer contract for which a federal or state statute, rule or regulation prescribes standards of readability applicable to the entire contract. Section 325G.31 does not apply to particular words, phrases, provisions or forms of agreement specifically required, recommended or endorsed by a state or federal statute, rule or regulation.
A consumer contract may include technical terms to describe the services or property which are the subject of the contract, if the terms are customarily used by consumers in connection with the services or property.
327B.10 RULEMAKING AUTHORITY.
The commissioner may promulgate rules and issue orders reasonably necessary to implement and administer the provisions of sections 327B.01 to 327B.12. The commissioner shall adopt rules establishing and approving education programs for manufactured home installers. Each manufactured home installer must satisfactorily complete the continuing education requirements established by the commissioner in rule.
326A.13 WORKING PAPERS; CLIENTS' RECORDS.
(a) Subject to the provisions of section 326A.12, all statements, records, schedules, working papers, and memoranda made by a licensee or a partner, shareholder, officer, director, member, manager, or employee of a licensee, incident to, or in the course of, rendering services to a client while a licensee, except the reports submitted by the licensee to the client and except for records that are part of the client's records, remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners, stockholders, members or new partners, new stockholders, new members of the licensee, or any combined or merged firm or successor in interest to the licensee. Nothing in this section may be construed as prohibiting any temporary transfer of work papers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to section 326A.12.
(b) A licensee shall furnish to a client or former client, upon request and reasonable notice:
(1) a copy of the licensee's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(2) any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account. The licensee may make and retain copies of such documents of the client when they form the basis for work done by the licensee.
(c) Nothing in this section requires a licensee to keep any work paper beyond the period prescribed in any other applicable statute.
(d) This section also applies to persons registered under section 326A.06, paragraph (b), and to persons granted a practice privilege under section 326A.14.
325K.13 CONTROL OF PRIVATE KEY.
By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to retain control of the private key and prevent its disclosure to a person not authorized to create the subscriber's digital signature.
[Repealed, 1998 c 321 s 31]
A certification authority cannot hold a private key on behalf of a subscriber.
[Repealed, 1998 c 321 s 31]
325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for sale in this state a children's product that intentionally contains:
(1) formaldehyde, including formaldehyde contained in a solution; or
(2) intentionally added chemical ingredients that chemically degrade under normal conditions of temperature and pressure to release free formaldehyde at levels exceeding a de minimis level of 0.05 percent.
(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a children's product that intentionally contains:
(1) formaldehyde, including formaldehyde contained in a solution; or
(2) intentionally added chemical ingredients that chemically degrade under normal conditions of temperature and pressure to release free formaldehyde at levels exceeding a de minimis level of 0.05 percent.